Patna High CourtCR. MISC./86112/2024bail granted

Ishwar Kumar v. The State Of Bihar

2024-12-17Mr. Justice R. P. Mishra3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.86112 of 2024 Arising Out of PS. Case No.-380 Year-2024 Thana- WARISLIGANJ District- Nawada ====================================================== Ishwar Kumar Son of Krishna Yadav Resident of Village- Hiraman Bigha, P.S. - Warisaliganj, District- Nawada ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Man Mohan Kumar, Advocate For the Opposite Party/s :

Mr. Mohammad Sufyan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 17-12-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in Warisliganj P.S. Case No. 380 of 2024, instituted for the offences punishable under Sections 319(2), 318(4), 338, 336(3), 340(2), 61(2), 3(5) and Section 66(B) and 66(D) of the IT Act.

3. The prosecution case, in short, is that, the police received information that some cyber criminals have gathered in village Hirma Bigha, being involved in duping innocent people. The police went to the spot and saw 8 people have gathered there and upon chase three accused persons including the

Patna High Court CR. MISC. No.86112 of 2024(2) dt.17-12-2024 2/3 petitioner was apprehended, on search, three mobile phone from each of the accused persons have been recovered.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. Charge-sheet has been submitted in this case. No incriminating material has been recovered from the conscious possession of the petitioner. Learned counsel for the petitioner also submits that the recovered mobile phone does not belong to the petitioner and the same was also not recovered from the possession of the petitioner. It is further submitted that the petitioner was a passerby of that way and on suspicion he was arrested by the police. The petitioner is in custody since 22.09.2024 and has got no criminal antecedent.

5. Learned APP 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 and taking into account 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/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Court

Patna High Court CR. MISC. No.86112 of 2024(2) dt.17-12-2024 3/3 below/concerned Court in connection with Warisliganj P.S. Case No. 380 of 2024.

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