Abhimanyu Kumar vs The State Of Bihar on 5 April, 2023

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Patna High Court - Orders

Abhimanyu Kumar vs The State Of Bihar on 5 April, 2023

Bench: Chandra Prakash Singh

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.70938 of 2022
                        Arising Out of PS. Case No.-446 Year-2022 Thana- KOTWALI District- Patna
                 ======================================================
                 ABHIMANYU KUMAR S/O Ram Nand Singh R/O Mahiyarpur, Tarawan,
                 P.O Chowar, P.S- Tankuppa, District- Gaya- 805128

                                                                                   ... ... Petitioner/s
                                                        Versus
                 THE STATE OF BIHAR

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Shadab Akhter, Advocate.
                 For the Opposite Party/s :        Mr. Satya Nand Shukla, APP.
             ======================================================
            CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH
                                   ORAL ORDER

2   05-04-2023

Learned counsel for the petitioner is permitted to remove defect(s), as pointed out by the office, if any, within a period of four weeks from today.

Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner seeks regular bail in connection with Kotwali (Patna) P. S. Case No. 446 of 2022 dated 09.08.2022 registered for the offences punishable under Sections 418, 419, 420, 467, 468, 471 and 120B of the Indian Penal Code and Section 66 of the Information Technology Act.

As per the prosecution case, when the informant got secret information about inter-state gang of cyber criminals Patna High Court CR. MISC. No.70938 of 2022(2) dt.05-04-2023 2/3 gathered at Mahavir temple and planning to commit some offence. The informant along with the police personnel raided the place of occurrence and they apprehended the accused persons including the petitioner. On search, three Paytm POS machines and mobile phones were recovered from them.

Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. No such occurrence as alleged has ever taken place. No incriminating material has been recovered from the conscious possession of the petitioner. Learned counsel has further submitted that the co-accused person has already been granted bail by co-ordinate Bench of this Court vide order dated 27.02.2023 passed in Cr. Misc. No. 68470 of 2022. The petitioner has got clean antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 10.08.2022.

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

Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner above- named, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court Patna High Court CR. MISC. No.70938 of 2022(2) dt.05-04-2023 3/3 concerned, Patna Sadar, Patna in connection with Kotwali (Patna) P. S. Case No. 446 of 2022.

The application stands allowed.

(Chandra Prakash Singh, J) shakir/-

U          T

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Patna High Court - Orders