Punit Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.15275 of 2023 Arising Out of PS. Case No.-194 Year-2022 Thana- BASANHI District- Saharsa ====================================================== PUNIT KUMAR, Male, aged about 27 years, S/o Dayaram Mehta, R/o Village- Pama, P.S.- Saur Bazar (Patarghat OP), Distt- Saharsa. ... ... Petitioner

Versus

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

For the Petitioner :

Mr. Amarnath Jha, Advocate For the Opposite Party :

Mr. Syed Ehteshamuddin, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 01-05-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks bail in connection with Basnahi P.S. Case No. 194 of 2022 registered for the offence under Sections 406, 420, 467, 468, 120-B of the I.P.C., Section 66(D) of the I.T. (Amendment) Act, 2000 and Section 3/11 of the Begngal Bihar Gambling Act.

The prosecution case, in brief, is that the police apprehended some persons including the petitioner from the car and various articles were recovered from their possession. They disclosed that they used to work for one Online Gambling Company and the said Company has provided with the Laptops and Mobiles to them. On 13.10.2022, two staff came from Technical Branch, Saharsa, and on analysis, it was learnt that the

Patna High Court CR. MISC. No.15275 of 2023(2) dt.01-05-2023 2/3 aforesaid persons after making link i.e., betbhai9, betbhai.com and other online gambling, used to connect the people for playing game and after making User I.D. on the name of registration, transferred the money in any bank. They confessed their involvement. On the instruction of senior, namely, Deepak Kumar, they used to work. They used to get the customer details from Akki Bhai from Delhi for making User I.D. for customer. It has been submitted on behalf of the petitioner that the petitioner is in custody since 14.10.2022. He has got no criminal antecedent. He has falsely been implicated in the present case. Charge sheet has been submitted in the present case. There is no allegation of tampering with the witnesses alleged against the petitioner.

There is no chance of trial being concluded in near future. As per prosecution, accused were arrested from the car. The petitioner is the owner-cum-driver of the car in question. The said car is run as a public transport. Other accused persons sitting in the car had hired the car of this petitioner. The petitioner had no knowledge regarding activities of the co-accused who had hired the car of the petitioner. The allegation against the co-accused that they were involved in cyber crime and withdrawing the money of the public by way of fraud.

Patna High Court CR. MISC. No.15275 of 2023(2) dt.01-05-2023 3/3 recovered from the petitioner.

On behalf of the State, it is submitted that the petitioner is named in the F.I.R.

Considering the aforesaid facts and circumstances of the case, the petitioner, above-named, is directed to be released on bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned J.M. Ist Class, Saharsa, in connection with Basnahi P.S. Case No. 194 of 2022.

(Sudhir Singh, J) U.K./- U T