Babloo Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.2216 of 2024 Arising Out of PS. Case No.-498 Year-2023 Thana- WARISLIGANJ District- Nawada ====================================================== Babloo Kumar S/o Chandeshwar Tanti R/o Village-Tati Mirbigha, P.S.- Warisaliganj, District-Nawada ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Satya Prakash, Advocate For the Opposite Party/s :

Mr.Manoj Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 08-04-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Warsaliganj P.S. case No. 498 of 2023 instituted for the offences under Sections 420, 467, 468, 471, 34, 120B of the Indian Penal Code and Section 66(B) and 66(D) of the I.T. Act.

3. Prosecution case, in short, is that the accused persons used to cheat the innocent people by making fake website in the name of sanctioning loan using fake mobile numbers. The police party apprehended the accused persons and on search, several mobile phones were recovered.

Patna High Court CR. MISC. No.2216 of 2024(3) dt.08-04-2024 2/3

4. Learned counsel for the petitioner submitted that the petitioner is innocent and has falsely been implicated in the present case merely on suspicion. Learned counsel for the petitioner submitted that general and omnibus allegation has been made against the petitioner. No specific overt act is alleged against the petitioner. No incriminating article has been recovered from the conscious possession of the petitioner. He further submitted that except suspicion, there is no material against this petitioner to prove his indulgence in the alleged offence. The co-accused person has already been granted bail by this Court vide order dated 02.02.2024 passed in Cr. Misc. No. 4836 of 2024. It has been submitted on behalf of the petitioner that the petitioner is in custody since 09.10.2023 and has no criminal antecedent.

5. Learned A.P.P. 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, claim based on parity, clean antecedent as also 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/- (Ten thousand) with two sureties of

Patna High Court CR. MISC. No.2216 of 2024(3) dt.08-04-2024 3/3 the like amount each to the satisfaction of Court below/concerned Court in connection with Warsaliganj P.S. case No. 498 of 2023.

(Rudra Prakash Mishra, J) Alok Verma/- U T