IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.89112 of 2024 Arising Out of PS. Case No.-17 Year-2023 Thana- Cyber P.S. District- Lakhisarai ====================================================== Amit Kumar S/O Murari Prasad R/O Village- Mananpur Bazar, P.S- Chanan, Distt.- Lakhisarai. ... ... Petitioner/s Versus The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Udbhav, Advocate For the Opposite Party/s : Mr. Nawal Kishore Pd, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 2 22-01-2025 1. Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State. 2. This application, for grant of anticipatory bail, arises out of Cyber P.S. (Lakhisarai) Case No.17 of 2023 disclosing offences under Sections 419, 420, 379 of the Indian Penal Code and Sections 66C and 66D of the I.T. Act. 3. As per the F.I.R., on 26.01.2023, the informant went to the Swaraj Telecom shop of the petitioner for updation of her Aadhar Card, where the fingerprints of all ten fingers were taken by the petitioner and was told that the informant’s Aadhar Card would be corrected within one month, but the Aadhar Card could not be corrected/updated. Thereafter, the petitioner went to the Chanan Block and got the same corrected. Subsequently, the informant went with Aadhar Card and PAN Patna High Court CR. MISC. No.89112 of 2024(2) dt.22-01-2025 2/3 Card to Dakshin Bihar Gramin Bank for linking the Aadhar Card with the bank account, which was linked by the bank staff. When the informant inquired about the balance in her account, she was told that Rs.2,994/- was her balance. She was also informed by the bank employees that between 17.03.2023 and 25.05.2023, a sum of Rs. 2,02,000/- was withdrawn from the bank account of the informant, of Rs.10,000/- on each occasion. According to the informant, she has not withdrawn the money and is a victim of cyber crime. 4. Learned Counsel for the petitioner submits that the petitioner has not committed any offence in the manner alleged. The informant had visited the Telecom shop of the petitioner in the month of January but the withdrawal from her account started from March. The Police, during course of investigation granted benefit of Section 41-A of Cr.P.C. The bail application of the petitioner has been rejected by learned Additional District and Sessions Judge-I-cum Special Judge (SC/ST Act), Lakhisarai, on the ground that anticipatory bail is not maintainable. Learned counsel relies upon the judgment passed by this Court in Gauri Shankar Roy v. The State of Bihar in Cr. Misc. No.46436 of 2023 and analogous cases. 5. Having regard to the submissions made on behalf Patna High Court CR. MISC. No.89112 of 2024(2) dt.22-01-2025 3/3 of the parties and taking into consideration the fact that investigation in the case is still going on, the police has not submitted chargesheet and the petitioner is not having any apprehension of arrest right now. Accordingly, this application is not maintainable at present. 6. This application is accordingly, rejected. 7. However, if upon submission of the chargesheet and/or if there is apprehension of arrest, the petitioner may approach for anticipatory bail before the concerned Court. sharun/- (Anil Kumar Sinha, J) U T