Sikandar Kumar @ Sikandra Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.84312 of 2024 Arising Out of PS. Case No.-467 Year-2024 Thana- HARSIDHI District- East Champaran ====================================================== Sikandar Kumar @ Sikandra Yadav S/O Ramashish Yadav R/O VillageDudahi, P.S.- Harsidhi, District- East Champaran, Motihari ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Sharda Nand Mishra, Advocate For the Opposite Party/s :

Mr. Pranav Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 25-02-2025 Heard learned counsel for the petitioner and learned APP for the State. Perused the case diary.

2.

The petitioner seeks bail in connection with Harsidhi P.S. Case No. 467 of 2024 instituted for the offence under Sections 319, 318(4), 336(2), 338, 336(3), 340(2), 61(2) of the Bharatiya Nyaya Sanhita, 2023 and Sections 4 & 66(D)of the IT Act.

3.

As per prosecution case, police team, during patrol, received information about a criminal conspiracy involving coaccused persons, including the petitioner. Upon reaching Duhai, they apprehended petitioner and on search, two mobile phones, an ATM card, revealing suspicious transactions, leading to lodging of the present FIR.

Patna High Court CR. MISC. No.84312 of 2024(3) dt.25-02-2025 2/3 4.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 02-09-2024. Petitioner bears no criminal antecedent/s, as per disclosure made in paragraph No. 3 of the bail application.

5.

It has been further submitted by the petitioner's counsel that petitioner has been falsely implicated in the present case. Petitioner has no concern with the alleged SIM card, ATM card and Debit Card. Only one mobile phone belongs to the petitioner. There is no compliance of Section 103 of the BNSS, 2023. Learned counsel for the petitioner submits that from perusal of the FIR, it will reveal that there is no allegation against the petitioner of cheating and no amount of cheating was disclosed, but merely on the suspicion, he has been implicated. Charge sheet has been submitted in this case. 6.

Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner. 7.

Considering the aforesaid facts and circumstances of the case, period of custody of the petitioner and charge sheet being submitted, this Court is inclined to grant bail to the petitioner.

8.

Let the petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of

Patna High Court CR. MISC. No.84312 of 2024(3) dt.25-02-2025 3/3 the like amount each to the satisfaction of Court below/concerned Court in connection with Harsidhi P.S. Case No. 467 of 2024.

(Rudra Prakash Mishra, J) Raj Kishore/- U T