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Patna High CourtCR. MISC./87064/2024bail granted

Deepak Kumar Mishra v. The State Of Bihar

2025-02-17Mr. Justice Chandra Prakash Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.87064 of 2024 Arising Out of PS. Case No.-74 Year-2024 Thana- Cyber P.S. District- Gopalganj ====================================================== Deepak Kumar Mishra Son of Harishankar Mishra Resident of Village - Sirisiya, P.S. - Sathi, District - West Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sujeet Kumar, Adv.

For the Opposite Party/s :

Mr. Dr. Mrityunjaya Kr.Gautam, APP For the Informant :

Mr. Kr. Gautam, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 17-02-2025 Heard learned counsel for the petitioner, learned A.P.P. for the State and learned counsel for the informant.

2. The petitioner has preferred this application for grant of regular bail in connection with Gopalganj Cyber P.S. Case No. 74 of 2024 dated 18.07.2024 registered for the offences punishable u/ss 316(2), 318(4) of the B.N.S. & 66C and 66D of the I.T. Act.

3. As per the prosecution case, On 13th July 2024, the informant, Rakesh Kumar, received a WhatsApp call from an unknown No., i.e., +923013335388 where the caller identified himself as a Policeman. The caller informed the informant that his daughter had been arrested along with three other girls in a drug case. The caller demanded a ransom of Rs. 50,000/- for her

Patna High Court CR. MISC. No.87064 of 2024(2) dt.17-02-2025 2/3 release. Thereafter, the informant transferred Rs. 20,000/- to the caller. The caller, then demanded the remaining Rs. 30,000. In the mean time, the informant's wife called their daughter, who confirmed she was at home and not in police custody. After realizing that it was a scam, the informant filed a written report, leading to the lodging of an FIR.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. There is general and omnibus allegation against the petitioner. The petitioner is not named in the FIR, the petitioner's name has come in para 7 of the case diary. Nothing incriminating material has been recovered from the conscious possession of the petitioner. The petitioner has four criminal antecedents as stated in para 3 of the bail petition. The petitioner is in custody since 17.08.2024.

5. Learned A.P.P. for the State and learned counsel for the informant have opposed the bail petition of the petitioner.

6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court

Patna High Court CR. MISC. No.87064 of 2024(2) dt.17-02-2025 3/3 concerned, Gopalganj, in connection with Gopalganj Cyber P.S. Case No. 74 of 2024.

7. The application stands allowed.

(Chandra Prakash Singh, J.) Aman Kumar/- U T