Pankaj Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.12925 of 2024 Arising Out of PS. Case No.-136 Year-2022 Thana- SHEIKHOPUR SARAI DistrictSheikhpura ====================================================== Pankaj Kumar, aged abut 28 years (Male), S/O Ramchandra Mahto @ Ramchandra Prasad R/O Village- Panchi, P.S- Shekhopur Sari, Distt.- Sheikhpura.

... ... Petitioner/s

Versus

The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Rizwanul Haque, Advocate For the Opposite Party/s :

Mr. Ram Sumiran Rai, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 29-02-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner is in custody in connection with Sheikhopur Sarai P.S. Case No. 136 of 2022 registered for an offence punishable under Sections 419, 420, 467, 468, 471, 406 and 120(B) of the IPC.

3. As per prosecution case, petitioner is active member of the cyber crime gang which is involved in alluring general public in the name of agency of Himalaya Company and also providing loan from Bajaj Finance. As per the seizure list, huge number of mobiles embedded with SIM have been recovered.

Patna High Court CR. MISC. No.12925 of 2024(2) dt.29-02-2024 2/3

4. Learned counsel for the petitioner submits that petitioner has falsely been implicated in this case. He next submits that the name of the petitioner came on the basis of confessional statement of co-accused Balo Mahto @ Bablu Kumar. He next submits that similarly situated co-accused persons have already been granted bail by different Benches of this Court passed in Cr. Misc. Nos. 40740 of 2023, 40768 of 2023, 2455 of 2023, 7971 of 2023, 63780 of 2023 and 63929 of 2023 respectively. Petitioner is in custody since 04.01.2024

5. Learned APP for the State opposes the prayer for regular bail of the petitioner.

6. Considering the facts and circumstances of the case as well as the fact that similarly situated co-accused persons have already been granted bail by a Co-ordinate Benches of this Court, let the above named petitioner be released on bail after framing of the charge on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned CJM, Sheikhpura in connection with Shekhopur Sarai P.S. Case no. 136 of 2022.

7. The trial court is directed to conclude the proceeding of framing of charge according to law within a period of 15 (fifteen) days from the date of receipt of a copy of

Patna High Court CR. MISC. No.12925 of 2024(2) dt.29-02-2024 3/3 this order. However, it is made clear that if the charge-sheet has not been submitted then the above named petitioner shall be released on bail on furnishing bail bond with further condition that the petitioner have to present physically on each and every date before the Trial Court till conclusion of the proceeding of framing of charge.

(Ramesh Chand Malviya, J) Brajesh Kumar/- U T