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2025 DAILYLAW 87458 (PAT)

Santosh Kumar v. The State of Bihar

CR. MISC./89527/2024 · 2025-01-08

R P Mishra

body2025

Judgment text

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.89527 of 2024 Arising Out of PS. Case No.-49 Year-2024 Thana- Cyber P.S. District- Nawada ====================================================== Santosh Kumar Son of Late Arun Singh Resident of Village - Apsarh, P.S. - Warisaliganj, District - Nawada ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Deepak Kumar, Advocate For the Opposite Party/s : Mrs. Sharda Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 2 08-01-2025 Heard learned counsel for the petitioner and learned APP for the State. 2. The petitioner seeks bail in connection with Cyber P.S. Case No. 49 of 2024, instituted for the offences punishable under Sections 303(2), 318(2), 318(4), 319(2), 336(2), 336(3), 340(2) 61(2) of the Bharatiya Nyaya Sanhita, 2023, Sections 66, 66(B), 66(c) and 66(D) of the Information Technology Act. 3. The prosecution case, in short, is that, all the accused persons including the petitioner have been arrested by the police on the charge of Cyber fraud by luring the innocent people to get loans at cheap rates in the name of Dhani Finance using fake SIM cards and fake accounts. It is further alleged that the police has recovered one keypad mobile phone from the Patna High Court CR. MISC. No.89527 of 2024(2) dt.08-01-2025 2/3 possession of the petitioner. 4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. No incriminating material has been recovered from the conscious possession of the petitioner. Learned counsel for the petitioner also submits that the mobile phone and SIM belongs to the petitioner and the same has never been used for committing cyber fraud. The petitioner is in custody since 28.07.2024 and has got no criminal antecedent. Learned counsel for the petitioner further submits that similarly situated co- accused have been granted bail by this Court vide order dated 22.11.2024 passed in Cr. Misc. No. 72851 of 2024 and Cr. Misc. No. 71878 of 2024. 5. Learned APP 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, taking into account the period of custody undergone by the petitioner and claim based on parity, 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/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Court Patna High Court CR. MISC. No.89527 of 2024(2) dt.08-01-2025 3/3 below/concerned Court in connection with Cyber P.S. Case No. 49 of 2024. Rajorshi/- (Rudra Prakash Mishra, J) U T