Kunal Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.100 of 2024 Arising Out of PS. Case No.-33 Year-2023 Thana- Cyber P.S. District- Nawada ====================================================== Kunal Kumar Son Of Durgesh Singh R/O Village- Kunj, P.S.- Roh, Dist.- Nawada ... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Binay Kumar For the Opposite Party/s :
Mr.Braj Kishore Pd.(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 12-01-2024 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 379, 420, 419, 467, 468, 471 and 120B of the Indian Penal Code and Sections 66, 66(B), 66(C) and 66(D) of the I.T. Act.
3. As per FIR, the allegation against co-accused, namely, Dileep Prasad Kushwaha is that he withdrew Rs. 2,10,000/- of the informant by taking the finger print of the informant by fraudulent manner. It is further alleged that this petitioner was also involved in the alleged occurrence.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case. The petitioner is not named
Patna High Court CR. MISC. No.100 of 2024(2) dt.12-01-2024 2/3 in FIR rather his name came into light in this case on the basis of confessional statement of co-accused Dilip Prasad Kushwaha before the police against whom the allegation of withdrawing money of the informant by fraudulently manner. Petitioner has no concern with the alleged occurrence. It is further submitted from para-10 of this petition that bank account of the informant is in Govindpur Madhya Bihar Gramin Bank while the petitioner is working in Roh Branch as a sweeper and the distance between both the branches is about 25 kilometers which falsifies the allegation against the petitioner. A statement has been made in para-3 of this petition that the petitioner has got no criminal antecedent. Moreover, he is languishing in judicial custody since 30.10.2023.
5. Learned APP appearing for the state has opposed the prayer of regular bail.
6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody of the petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Cyber P.S. Case No. 33 of 2023 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of
Patna High Court CR. MISC. No.100 of 2024(2) dt.12-01-2024 3/3 learned A.C.J.M. 2, Nawada.
(Sunil Kumar Panwar, J) Shubham/- U T