B.P.Kumar @ Bikesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.12753 of 2023 Arising Out of PS. Case No.-158 Year-2022 Thana- SHEIKHOPUR SARAI DistrictSheikhpura ====================================================== B.P.KUMAR @ BIKESH KUMAR Son of Gore Lal Mahto @ Rajendra Prasad R/v- Mohabbatpur, P.S.- Shekhopur Sarai, District- Shekhpura, Bihar811103 ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Arvind Kumar For the Opposite Party/s :

Mr. Md. Ataur Rahman ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 19-05-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner apprehends his arrest in Sheikhopur Sarai P.S. Case No. 158 of 2022 registered for the offences punishable under Sections 406, 419, 420, 467, 468, 471, 120B and 34 of the Indian Penal Code pending in the Court of learned Chief Judicial Magistrate, Sheikhpura.

As per the prosecution case, informant got secret information that 20 to 25 unknown miscreants assembled for committing cyber crime and cheat innocent people. Seven accused persons were caught and others were fled away and various mobiles, ATC cards of different banks have been recovered from the place of occurrence, which is alleged to be

Patna High Court CR. MISC. No.12753 of 2023(2) dt.19-05-2023 2/3 used in crime.

Learned counsel for the petitioner submits petitioner is innocent and has been falsely implicated in this case. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. He submits that the petitioner is made accused in the present case on the basis of confessional statement of the apprehended persons. Similarly situated coaccused have been granted bail by co-ordinate Bench of this Court vide order dated 04.04.2023 passed in Cr. Misc No. 70668 of 2022, vide order dated 01.05.2023 passed in Cr. Misc. No. 69179 of 2022 and vide order dated 09.05.2023 passed in Cr. Misc. No. 18074 of 2023. The petitioner has got no criminal antecedent as mentioned in para-3 of the bail application.

Learned APP for the State vehemently opposing the bail petition submitted that the petitioner is also involved in the present case. Hence, he does not deserve privilege of anticipatory bail.

Considering the facts and circumstances of case, I am not inclined to enlarge the petitioner on anticipatory bail. The prayer for anticipatory bail of the petitioner is hereby rejected. However, if the petitioner surrenders before the

Patna High Court CR. MISC. No.12753 of 2023(2) dt.19-05-2023 3/3 learned Court below within six weeks from today and seek regular bail, the learned Court below would pass order on the same day in accordance with law without being prejudiced by this order.

(Anjani Kumar Sharan, J) anand/- U T