Ashish Kumar vs. The State Of Bihar
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The petitioner, Ashish Kumar, is accused in Cyber P.S. Case No. 59 of 2023, registered for offences under the Indian Penal Code and the Information Technology Act. The prosecution alleges that the petitioner influenced the informant, who runs a coaching center, to open a current account under new GST provisions. The petitioner obtained the informant's documents, SIM card, and email ID. When asked to return them, the petitioner made excuses. Subsequently, bank officials inquired about a large sum of money earned by the coaching center, which was revealed to be approximately Rs. 95 crores. The informant discovered that Rs. 4,75,08,876.90/- was deposited and withdrawn from the account. The petitioner has been in custody since December 30, 2023.
Held
The Court granted regular bail to the petitioner, Ashish Kumar. The Court considered the submissions made by both parties, including the petitioner's claim of innocence, false implication, general allegations, clean antecedent, and period of custody. The Court also noted the State's opposition based on the FIR and direct allegations. The Court directed the petitioner to furnish a bail bond of Rs. 20,000/- with two sureties of the like amount to the satisfaction of the learned Court concerned in Purnia. A condition was imposed that the petitioner must remain physically present before the learned Court below on each and every date, failing which on two consecutive dates without reasonable cause, the bail bond would be liable for cancellation. The application was allowed.
Key Issues
1. Whether the petitioner is entitled to regular bail in connection with Cyber P.S. Case No. 59 of 2023, considering the allegations of cheating and financial irregularities under the Indian Penal Code and the Information Technology Act? Petitioner's Arguments: The petitioner contends that he is innocent and has been falsely implicated with ulterior motives. He claims the allegations are general and omnibus, and he is not responsible for the deposits and withdrawals from the bank account. The petitioner also states he has a clean antecedent and has been in custody since December 30, 2023. Revenue/State's Arguments: The State vehemently opposes the bail petition, submitting that the petitioner is named in the FIR with direct allegations of cheating involving valuable documents, specifically the informant's bank account.
Sections Cited
Section 419, Section 420, Section 467, Section 468, Section 471, Section 34, Section 66(C), Section 66(D)
AI-generated summary — verify with the full judgment below
Cause title — parties, addresses and appearances
ORAL ORDER 2 29-04-2024 Heard learned counsel for the petitioner and learned A.P.P for the State.
The petitioner has preferred this application for grant of regular bail in connection with Cyber P.S. Case No. 59 of 2023 dated 29.12.2023 registered for the offences punishable u/ss 419, 420, 467, 468, 471/34 of the Indian Penal Code and u/s 66(C), 66(D) of the I.T. Act.
The prosecution case, in short, is that the informant runs a Coaching Center and maintains his livelihood on the earning of the said Centre. The petitioner Ashish Kumar influenced the informant to open a current account under new provision of GST and took documents, SIM Card and Email I.D., upon asking the petitioner to return the documents, the petitioner made excuses. Meanwhile, three officials visited asked how did the informant earned such large amount from a 2/3 coaching center. Upon enquiry, bank person mentioned the amount as Rs. 95 crores. The informant tried to contact the petitioner but his phone was switched off. The informant with the help of advocate obtained details from ICICI bank, that total Rs. 4,75,08,876.90/- was deposited and withdrawn.
Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case due to ulterior motive. There is general and omnibus allegation against the petitioner and all the amount which has been deposited and withdrawn has not done by the petitioner and he has no knowledge about the same. The petitioner has clean antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 30.12.2023. 5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner and submitted that from perusal of the record and the case diary, it appears that petitioner is named in the FIR with direct allegation of cheating with valuable document i.e. bank account of the petitioner.
Considering the aforesaid facts and circumstances of the case as well as submissions made by the parties, the petitioner above-named, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand)
3/3 with two sureties of the like amount each to the satisfaction of learned Court concerned, Purnia in connection with Cyber P.S. Case No. 59 of 2023, with the condition-: (i). The petitioner is directed to remain physically present before the learned Court below on each and every date, failing which on two consecutive dates without reasonable cause, the bail bond of the petitioner is liable to be cancelled.
The application stands allowed.
annpurna/- (Chandra Prakash Singh, J) U T
Reproduced from the public record of the Patna High Court. Verify against the court's own copy before relying on it. Income tax judgments are on bharattax.net.