Sujeev Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.85851 of 2024 Arising Out of PS. Case No.-377 Year-2024 Thana- WARISLIGANJ District- Nawada ====================================================== Sujeev Kumar S/O Late Sharwan Kumar @ Sharwan Raut Resident of Village- Bhediya, P.S- Warisaliganj, District- Nawada. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Ms.Vaishnavi Singh, Adv.

For the Opposite Party/s :

Mr.Jai Narain Thakur, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 16-12-2024 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. 377 of 2024 instituted for the offences under Sections 319(2), 318(4), 338, 336(3), 340(2), 61(2), 3(5) of the Bhartiya Nyaya Sanhita (BNS) and Section 66(B), 66(D) of the Information Technology Act.

3. As per prosecution case, the case involves a Cybercrime where the petitioners are accused of defrauding innocent people under the guise of loans. It is alleged that the accused persons including the petitioner are involved in organized Cybercrime.

4. Learned counsel for the petitioner submits that the

Patna High Court CR. MISC. No.85851 of 2024(2) dt.16-12-2024 2/3 petitioner is innocent and has committed no offence as alleged against him and has falsely been implicated in the present case. She further submits that nothing incriminating has been recovered from the conscious possession of the petitioner and wrongly it has been stated that 10 pages of customer data and two pages of loan approval letters were recovered. The petitioner has got no concern with the so-called articles which has been shown to have been recovered from the possession of the petitioner. There is a non-compliance of Section 103 of the B.N.S.S. which creates a serious doubt in the prosecution case. The petitioner has no criminal antecedent and is languishing in judicial custody since 19.09.2024 without any rhymes or reason.

5. On the other hand, learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner, stating that the offence alleged against the petitioner is serious in nature.

6. Having heard rival contention of both the parties and considering the entire facts and circumstances of the case as also taking into account the period of custody of the petitioner and the petitioner having no criminal antecedent, let the petitioner, abovenamed, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the

Patna High Court CR. MISC. No.85851 of 2024(2) dt.16-12-2024 3/3 like amount each to the satisfaction of Court below/concerned Court in connection with Warisaliganj P.S. Case No. 377 of 2024, subject to the following conditions;

(i) One of the bailor(s) shall be the own/close family members of the petitioner.

(ii) The petitioner shall cooperate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the Court and in the event of failure on two consecutive dates without sufficient reasons, his bail bond shall be liable to be cancelled by the court below.

(Rudra Prakash Mishra, J) rishi/- U T