Subodh Raut v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.3094 of 2024 Arising Out of PS. Case No.-13 Year-2023 Thana- ECONOMIC OFFENCES, BIHAR District- Patna ====================================================== Chandan Kumar S/o Gorelal Prasad @ Shashi Bhushan Prasad Resident of Village- Parwati, P.S.- Sahpur O.P., district- Nawada, Bihar. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 7555 of 2024 Arising Out of PS. Case No.-13 Year-2023 Thana- ECONOMIC OFFENCES, BIHAR District- Patna ====================================================== Subodh Raut Son of Doman Raut R/o vill - Parwati, P.S. - Shahpur, O.P., Distt. - Nawada ... ... Petitioner/s
Versus
1.
The State of Bihar 2.
Economic Offence Unit Bihar, Patna ... ... Opposite Party/s ====================================================== Appearance :
(In CRIMINAL MISCELLANEOUS No. 3094 of 2024) For the Petitioner/s :
Mr.Santosh Kumar, Advocate For the Opposite Party/s :
Mr.Sanjay Kumar Tiwary, APP For EOU :
Mr. V.N.P. Sinha, Sr. Advocate Mr. Vijay Anand, Advocate (In CRIMINAL MISCELLANEOUS No. 7555 of 2024) For the Petitioner/s :
Mr.Nirmal Kumar Sinha, Advocate Mr.Lokesh Lokesh, Advocate For the Opposite Party/s :
Mr.Sanjay Kumar Tiwary, APP For EOU :
Mr. V.N.P. Sinha, Sr. Advocate Mr. Vijay Anand, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 09-04-2024 Heard Mr. Nirmal Kumar Sinha, learned counsel for the petitioner in Cr. Misc. No. 7555 of 2024 and Mr. Santosh Kumar who is appearing for the petitioner in Cr. Misc. No. 3094
Patna High Court CR. MISC. No.3094 of 2024(3) dt.09-04-2024 2/3 of 2024 as also Mr. V.N.P. Sinha, Senior Counsel representing Economic Offence Unit in both the cases.
2. The petitioners are apprehending arrest in connection with Economic offence P.S. Case No. 13 of 2023 instituted under Sections 419, 420, 467, 468 471, 120(B) of the Indian Penal Code and 66(D) of IT. Act, 2000 lodged on 27.9.2023 by the informant, Mithilesh Kumar.
3. As per the prosecution story, the informant who is the SHO, Economic Offence, upon secret information that fraud calls are being made for loan approval by particular numbers xxxxx11704 and xxxxx91995 respectively as also for setting in STET exams, formed a team and made a raid in which it came to notice that it is the petitioner, Subodh Rout who trains the accused persons while the amount that was being received through the crime goes to the account of the another petitioner, Chandan Kumar. When the police reached Shishupal's house and search made, number of SIM cards, mobile phones and other things recovered/seized. The accused persons who were present, accepted the said facts and named these two petitioners who were able to escape through narrow lane. Accordingly, the FIR.
4. Learned counsel for the petitioners in both the cases
Patna High Court CR. MISC. No.3094 of 2024(3) dt.09-04-2024 3/3 submit that they do not have criminal antecedents and have been implicated by those who were arrested.
5. Mr. V.N.P. Sinha, learned Senior Counsel on the other hand submits that so far as the investigation that has taken up, once the FIR was lodged, the same points finger towards these two petitioners. It is his submission that as per the facts that has emerged, it is accused Subodh Raut who used to trained the accused persons in committing the cyber crime while Chandan Kumar is the person in whose account, the amount that was taken from the different candidates were deposited.
6. Considering the aforesaid facts as also that this kind of crime is virtually affecting the entire strata of the society including the poor persons whose hard earned money are being taken by the accused persons, it would be appropriate that both the petitioners seek bail.
7. The anticipatory bail applications stand rejected. (Rajiv Roy, J) Ravi/- U T