Allowed¶21

Sisupal Kumar v. The State of Bihar

Patna HC10 Apr 2024CR. MISC./16876/2024

Case brief

AI extract

What is this about?

Regular bail granted; Patna High Court; Cr. Misc. No.16876 of 2024; decision 10-04-2024; Justice Partha Sarthy; petitioner Sisupal Kumar; Cyber P.S. Case no. 65 of 2023, Nawada; IPC Ss. 379, 419, 420, 467, 468, 471, 120B; I.T. Act Ss. 66, 66B, 66C, 66D; custody since 18.12.2023; no criminal antecedent; charge-sheet filed; parity with bailed co-accused Mohit Kumar, Prince Kumar, Rakesh Kumar (common order dt. 12.3.2024 in Cr. Misc. 13511/14052/14810 of 2024); bail bond Rs. 10,000 with two like sureties; Judicial Magistrate-1st Class, Nawada.

What did the court decide?

Petitioner directed to be enlarged on bail in connection with Cyber P.S. Case no. 65 of 2023 on furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each, to the satisfaction of learned Judicial Magistrate-1st Class, Nawada. ¶21

Sisupal Kumar Vs The State of Bihar — Cheating and Forgery | Patna HC (2024)

What the court decided

AI extract

Outcome

¶21

Issue for consideration

Whether petitioner Sisupal Kumar should be enlarged on regular bail in connection with Cyber P.S. Case no. 65 of 2023 (offences under Ss. 379, 419, 420, 467, 468, 471, 120B IPC and Ss. 66, 66B, 66C, 66D I.T. Act).

¶15

Court's answer

Taking into consideration the allegations against the petitioner in the F.I.R, his not having any criminal antecedent, his being in custody since 18.12.2023, charge-sheet having been submitted in the case, and grant of bail to similarly situated co-accused, the court found the petitioner entitled to bail.

¶21

Ratio / Principle

The petitioner was directed to be enlarged on bail in connection with Cyber P.S. Case no. 65 of 2023 on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each, to the satisfaction of learned Judicial Magistrate-1st Class, Nawada.

¶21

Detailed headnote1 paragraphs

Patna High Court (Partha Sarthy, J), by oral order dated 10-04-2024 in Criminal Miscellaneous No.16876 of 2024, allowed the application for regular bail of petitioner Sisupal Kumar in connection with Cyber P.S. Case no. 65 of 2023 (District Nawada), registered under sections 379, 419, 420, 467, 468, 471 and 120B of the Indian Penal Code and sections 66, 66B, 66C and 66D of the I.T. Act. Per the prosecution case, seven persons including the petitioner were caught in a raid while 25-30 escaped; one mobile phone was stated to have been recovered from him. Grounds for bail: allegations considered, no criminal antecedent, custody since 18.12.2023, charge-sheet submitted, and parity with co-accused Mohit Kumar, Prince Kumar and Rakesh Kumar who were enlarged on bail vide common order dated 12.3.2024 in Cr. Misc. nos. 13511, 14052 and 14810 of 2024. Bail granted on a bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each, to the satisfaction of learned Judicial Magistrate-1st Class, Nawada.

¶1

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.16876 of 2024

¶2

Arising Out of PS. Case No.-65 Year-2023 Thana- Cyber P.S. District- Nawada

¶3

======================================================

¶4

Sisupal Kumar S/o Ashok Prasad Singh R/o vill - Makanpur, P.O. and P.s. - Warsaliganj, Distt. - Nawada

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

¶9

====================================================== Appearance : For the Petitioner/s : Mr. Bharat Bhushan, Advocate For the Opposite Party/s : Mr. Binod Kumar, APP

¶10

======================================================

¶11

CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER

¶12

3 10-04-2024

¶13

Heard learned counsel for the parties.

¶14

The petitioner has preferred this application for

¶15

grant of regular bail in connection with Cyber P.S. Case no. 65 of 2023 registered under sections 379, 419, 420, 467, 468, 471 and 120B of the Indian Penal Code and sections 66, 66B, 66C and 66D of the I.T. Act.

¶16

As per the prosecution case, the informant states that having received information about the accused persons having gathered in an orchard, it is stated that a raid was conducted. Seeing the police personnel, the accused persons made an attempt to escape but seven of them including the petitioner was caught while 25-30 persons managed to escape.

¶17

Learned counsel for the petitioner submits that one mobile phone was recovered from the possession of the

¶18

Patna High Court CR. MISC. No.16876 of 2024(3) dt.10-04-2024 2/2

¶19

petitioner which belongs to the petitioner himself. He is in custody since 18.12.2023 and has no criminal antecedent. Further co-accused Mohit Kumar, Prince Kumar and Rakesh Kumar have been enlarged on bail vide common order dated 12.3.2024 passed in Cr. Misc. nos. 13511 of 2024, 14052 of 2024 and 14810 of 2024.

¶20

Heard learned APP for the State.

¶21

Heard learned counsel for the parties and taking into consideration the allegations against the petitioner in the F.I.R, his not having any criminal antecedent, his being in custody since 18.12.2023, charge-sheet having been submitted in the case and grant of bail to the above name similarly situated co-accused, the petitioner is directed to be enlarged on bail in connection with Cyber P.S. Case no. 65 of 2023 on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate- 1^st Class, Nawada.

¶22

(Partha Sarthy, J)

¶23

Harsh/-

Sisupal Kumar v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Sisupal Kumar v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

Coram

Case details

Similar cases

Chandrama Paswan Vs the State of Bihar

Madhaw Dinbandhu Vs The State of Bihar

Mukesh Manjhi Vs the State of Bihar

Raj Kumar @ Bhallu Vs The State of Bihar

Birendra Ram Vs The State of Bihar

Roshan Kumar Singh@ Raushan Kumar Singh @ Rawsan Kumar Singh @ Raushan Singh Vs The State of Bihar