Sonu Kumar @ Ravishankar Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.10143 of 2023 Arising Out of PS. Case No.-204 Year-2022 Thana- SHEIKHOPUR SARAI DistrictSheikhpura ====================================================== SONU KUMAR @ RAVISHANKAR KUMAR S/O KRISHNA PRASAD @ KRISHNA PRASAD SINGH R/v- Chakavay, P.S.- Warsaliganj, DistrictNawada ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Bipin Kumar For the Opposite Party/s :
Mr. Chandra Bhushan Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 19-05-2023 Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State. This application, for grant of anticipatory bail, arises out of Sheikhopur Sarai Police Station Case No. 204 of 2022, dated 08.12.2022, disclosing offences under Sections 419/420/467/468/471/120-B/34 of the Indian Penal Code. The prosecution story, on the basis of the First Information Report, is that the police intercepted one Santro car, which was being driven by co-accused, Utkarsh Kumar @ Golu, and recovered mobile phone, ATM Card, Bank Passbook etc. and upon enquiry he disclosed that the petitioner, along with other accused persons, is indulged in cyber fraud in the name of providing loan from Bajaj Finance and other finance companies
Patna High Court CR. MISC. No.10143 of 2023(2) dt.19-05-2023 2/3 and they used to cheat general public. The petitioner is said to be the group leader of that gang of cyber cheater. Learned Counsel for the petitioner submits that the petitioner has falsely been implicated in the present case on the basis of disclosure of his name by co-accused, who was arrested, and no incriminating article and/or material has been recovered from the possession of the petitioner. He further submits that the police, during the investigation, has not found any material except that the case has been lodged on the basis of statement made by the arrested co-accused.
Regards being had to the submissions made on behalf of the parties and taking into consideration the fact that the petitioner has been made accused on the basis of disclosure of his name by the arrested co-accused and no incriminating article and/or material has been recovered from the possession of the petitioner, accordingly, I am inclined to grant the petitioner privilege of anticipatory bail.
This application is, accordingly, allowed.
Let the petitioner, above named, in the event of his arrest or surrender before the Court below within four weeks, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the
Patna High Court CR. MISC. No.10143 of 2023(2) dt.19-05-2023 3/3 satisfaction of learned Chief Judicial Magistrate, Shiekhpura, in connection with Sheikhopur Sarai Police Station Case No. 204 of 2022, subject to the condition laid down under Section 438
(2) of the Code of Criminal Procedure.
(Anil Kumar Sinha, J) ashwani/- U