The Patna High Court enlarged two petitioners on regular bail in a cyber crime case involving the Indian Penal Code and Information Technology Act.
Petitioners directed to be released on bail by furnishing a bond of Rs. 10,000 with two sureties.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.6334 of 2023
Arising Out of PS. Case No.-387 Year-2022 Thana- MAJHAULIA District- West Champaran
======================================================
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr.Anil Kumar For the Opposite Party/s : Mr.Md. Aslam Ansari ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER
2 12-04-2023
Heard learned counsel for the petitioners and learned APP for the State.
The petitioners have prayed for regular bail in a case registered for the offence punishable under sections 399, 400, 401, 402, 409, 411, 413, 414, 419, 420, 467, 468, 471, 472, 379, 120B of the Indian Penal Code and Sections 66, 66© of the Information Technology Act.
Prosecution case relates to cyber crime and on the basis of secret information informant along with police party reached at the place of occurrence and apprehend FIR named accused persons and recovered some ATMs and other articles.
Patna High Court CR. MISC. No.6334 of 2023(2) dt.12-04-2023 2/3
Learned counsel for the petitioners submit that the petitioners are innocent and have committed no offence. They have falsely been implicated in this case. Name of the petitioner no-1 came into the light merely on the basis of apprehended accused persons, while name of the petitioner no-2 came into light merely on the basis of confessional statement of co-accused Tarik Hussain, which does not got any evidentiary value in the eye of law and petitioner no-2 is not named in the FIR. Petitioners have no concern with the alleged occurrence or recovered articles or with the accused persons. It is further submitted that nothing has been recovered from the conscious possession of these petitioners. Similarly situated co-accused has already been granted bail by this Court vide order dated 17.02.2023 passed in Cr. Misc. No. 63574 of 2022. Petitioners are languishing in judicial custody since 23.11.2022.
Learned APP appearing for the state has opposed the prayer of regular bail.
Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as judicial custody, this court is inclined to enlarge the
Patna High Court CR. MISC. No.6334 of 2023(2) dt.12-04-2023 3/3
petitioners on bail. The above named petitioners are directed to be released on bail in connection with Majhauliya P.S. Case No. 387 of 2022 on furnishing bail bond of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, West Champaran at Bettiah.
(Sunil Kumar Panwar, J)
Manish/-
U T
1 issue framed by the court
Whether the petitioners are entitled to regular bail in the present criminal proceeding.
2 provisions across 2 enactments
Deepak Kumar Baitha
Pappu Baitha
The State of Bihar
Sunil Kumar Panwar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
