Rakesh Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.86440 of 2024 Arising Out of PS. Case No.-380 Year-2024 Thana- WARISLIGANJ District- Nawada ====================================================== Rakesh Kumar S/o Basudev Yadav @ Baso Yadav Resident of villageHirmabigha, P.S. - Warisaliganj, District- Nawada ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Raj Kumar, Advocate For the Opposite Party/s :
Mr. Bharat Bhushan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 20-12-2024 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner seeks bail in connection with Warisaliganj P.S. Case No. 380 of 2024 instituted for the offences under Sections 319(2), 318(4), 338, 336(3), 340(2), 61(2), 3(5) of the Bharatiya Nyaya Sanhita and Sections 66(b), 66(d) of the Information and Technology Act.
3. Prosecution case, in short, is that, on the the basis of information that some cyber criminals have gathered in village Hirma Bigha and are involved in duping innocent people, police conducted raid. Seeing the police party, the accused persons tried to flee away but three of them including this petitioner were apprehended. On search, one mobile phone was recovered
Patna High Court CR. MISC. No.86440 of 2024(2) dt.20-12-2024 2/3 from this petitioner.
4. Learned counsel for the petitioner submitted that the petitioner has falsely been implicated in the present case. Learned counsel for the petitioner submits that general and omnibus allegation has been made against the petitioner. No specific overt act is alleged against the petitioner. Learned counsel further submitted that petitioner was just a passerby and only on the basis of suspicion, he was arrested by the police. It has been submitted on behalf of the petitioner that the petitioner is in custody since 22.09.2024 and has one criminal antecedent. The co-accused person has already been granted bail by this Court vide order dated 17.12.2024 passed in Cr. Misc. No. 86112 of 2024.
5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.
6. Considering the aforesaid facts and circumstances of the case as also the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.
7. Let the petitioner be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Warisaliganj P.S.
Patna High Court CR. MISC. No.86440 of 2024(2) dt.20-12-2024 3/3 Case No. 380 of 2024.
(Rudra Prakash Mishra, J) Alok Verma/- U T