Raja Baboo v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.115 of 2025 Arising Out of PS. Case No.-492 Year-2024 Thana- SAHEBGANJ District- Muzaffarpur ====================================================== Raja Baboo son of Sukhal Ray Village -Dagraha PS -Mehsi District- East Champaran Motihari ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sunil Kumar Pandey, Adv.

For the Opposite Party/s :

Mr.Sucheta Yadav, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 27-01-2025 Heard learned counsel for the petitioner and learned APP for the State.

2.

The petitioner seeks bail in connection with Sahebganj P.S. Case No. 492 of 2024 instituted for the offence under Sections 111, 318(4), 316(2) read with 3(5) of the Bharatiya Nyaya Sanhita, 2023 and Sections 66(c) & 66(D) of the IT Act.

3.

On a secret information regarding two suspects being involved in Cyber fraud moving in a vehicle with plenty of documents, cash, the police party, in course of patrolling, apprehended two persons. During search, several materials were recovered from their possession.

Patna High Court CR. MISC. No.115 of 2025(2) dt.27-01-2025 2/3 4.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 28-09-2024. Petitioner bears no criminal antecedents, as per disclosure made in paragraph No. 3 of the bail application.

5.

It has been further submitted by the petitioner's counsel that petitioner has been falsely implicated in the present case. Name of the petitioner has transpired on the basis of confessional statement of the apprehended coaccused persons namely Manish Kumar Mahto and Suraj Paswan. Nothing has been recovered from the possession of the petitioner. It is lastly submitted that petitioner has no concern with the Cyber fraud. Learned counsel for the petitioner again submits that the co-accused namely Suraj Paswan and Manish Kumar Mahto have already been granted bail by this Court vide orders dated 07.01.2025 passed in Cr. Misc. Nos. 86884 of 2024 and 86886 of 2024 respectively. 6.

Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner. 7.

Considering the aforesaid facts and circumstances of the case, period of custody of the petitioner, clean antecedent of the petitioner and the prayer for bail

Patna High Court CR. MISC. No.115 of 2025(2) dt.27-01-2025 3/3 based on parity, this Court is inclined to grant bail to the petitioner.

8.

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 Sahebganj P.S. Case No. 492 of 2024.

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