Gaurav Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.4594 of 2024 Arising Out of PS. Case No.-877 Year-2020 Thana- MADHEPURA District- Madhepura ====================================================== Gaurav Kumar S/O- Jai Kumar Yadav Moh- Azad Tola Ward No. 3 P.S. Madhepura District Madhepura ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Dr Sanjay Kumar Singh, Adv.

For the Opposite Party/s :

Mr.Kalyan Shankar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 08-02-2024 Heard learned counsel for the parties.

2.

The petitioner apprehends his arrest in a case registered for the offence punishable u/s 341, 323, 325, 307, 385, 366, 379, 506, 34 of the IPC and sections 66/67 of the I.T. Act (Amendment 2008).

3.

Allegedly, the petitioner along with other co-accused created fake Facebook I.D. on the name of a girl from the mobile of the informant and thereafter started demanding Rs.5 Lakh from the informant or else to implicate the informant in cyber case. Thereafter, they forcibly took the informant in a car and took to an abandoned place and assaulted the informant. 4.

It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has committed no offence. He has been falsely implicated in this case due to grudge. No such occurrence, in the manner as alleged, has ever taken place. The

Patna High Court CR. MISC. No.4594 of 2024(2) dt.08-02-2024 2/2 allegation leveled against the petitioner is not specific rather general and omnibus in nature. It is further submitted that earlier the petitioner was granted the privilege of anticipatory bail by the court below itself but he did not surrender within the stipulated time to furnish the bail bonds. Thereafter, when he approached the Court below again for grant of anticipatory bail, the same was dismissed. Petitioner has no criminal antecedent. 5.

Learned APP for the State opposed the prayer for bail. 6.

Having regard to the facts and circumstances of the case and considering that earlier the petitioner has been granted anticipatory bail by the Court below, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/Successor Court in connection with Madhepura P.S. Case No.877 of 2020, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Anjani Kumar Sharan, J) pallavi/- U T