The court granted bail with conditions emphasizing the importance of availability for trial and investigation in a criminal case.

CORAM: HONOURABLE MR. JUSTICE JITENDRA KUMAR ORAL ORDER

3 21-01-2026 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Sitamarhi Cyber P.S. Case No. 27 of 2023 registered for the offences punishable under Sections 406 , 420, 379 of the Indian Penal Code and Section 66(D) of I.T. Act .

3. As per allegation, Rs.30,000/- has been drawn from the account of the informant by some unknown persons without his knowledge and consent.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. He further submits that the FIR has been lodged against unknown. He also submits that the whole prosecution case against the petitioner is based on his confessional statement before the Police in which he has confessed that he was involved in the alleged offence whereas there is no corroborative evidence subsequent to the statement brought on record by the prosecution.

5. He further submits that the petitioner has been languishing in jail since 12.09.2024.

6. It has also been stated in paragraph No. 3 of the bail petition that the petitioner has been made accused in two other cases in which he is on bail.

7. It is also stated in paragraph no. 2 of the bail petition that the petitioner has not moved this Court earlier either for anticipatory bail or regular one.

8. However, learned APP for the State vehemently opposes the prayer of the petitioner for bail.

9. Considering the aforesaid facts and circumstances, this application is allowed, directing the petitioner, above- named, to be enlarged on bail on his furnishing bail bonds in the sum of Rs. 10,000 /- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned court below concerned in connection with Sitamarhi Cyber P.S. Case No. 27 of 2023 on the following conditions:

(i) The petitioner will make himself available for interrogation by a police officer/court as and when required.

(ii) The petitioner will undertake that investigation/trial will not get hampered on account of his absence or non-cooperation. He must be available to the police or the court whenever his presence is required.

(iii) The petitioner shall not, directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the court or to any police officer.

(iv) In case, it is brought to the notice of the court below that the petitioner has any criminal antecedents other than the disclosed one, learned court below shall cancel the bail bonds of the petitioner after hearing him and getting satisfied that the petitioner has concealed his criminal antecedents despite his knowledge of the same.

(v) In case, it is brought to the notice of the court below that statement regarding previous bail petition is wrong, learned court below shall cancel the bail bonds of the petitioner.

(Jitendra Kumar, J)

S.Ali/-