Ritesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.15611 of 2023 Arising Out of PS. Case No.-194 Year-2022 Thana- BASANHI District- Saharsa ====================================================== 1.

RITESH KUMAR S/O SIKENDRA MEHTA @ SIKENDAR MEHTA R/vBandha, P.S.- Murliganj, District- Madhepura 2.

ROSHAN KUMAR S/O ARJUN MEHTA R/v- Rahta, P.S.- Bihariganj, District- Madhepura ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Dr. Bidhu Ranjan For the Opposite Party/s :

Mr.Uday Pratap Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 09-05-2023 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners have prayed for regular bail in a case instituted for the offence under Sections 406, 420, 467, 408, 120B of the IPC, Section 66(D) of the I.T. Act and Sections 3/11 of the Bengal and Bihar Gambling Act.

Prosecution case in nutshell is that petitioners along with some other co-accused persons were committing offences like cyber fraud. All are arrested and their laptop, battery, inverter etc were seized. After analyzing the same, it was found that they were working in online gaming company

Patna High Court CR. MISC. No.15611 of 2023(2) dt.09-05-2023 2/3 Betbhai9.com and betbahi.com for making user ID and transfer the fund in any bank account.

It is submitted by learned counsel for the petitioners that petitioners have been falsely implicated in this case. They have committed no offence. He submitted that neither any complain of cheating has been made before the police nor any receipt or documents has been produced by the informant before the police, in support of the allegation levelled against them. There is no specific allegation levelled against them. No any incriminating articles has been recovered from the possession of the petitioners. He further submitted that others co-accused have already been granted bail by this Bench vide order dated 05.05.2023 passed in Cr. Misc. No. 12697 of 2023 and the case of this petitioners stands on similar footing. They are languishing in judicial custody since 14.10.2022. The application for bail is opposed by learned APP for the State.

Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioners on bail. The above named petitioners are directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) each with two

Patna High Court CR. MISC. No.15611 of 2023(2) dt.09-05-2023 3/3 sureties of the like amount each to the satisfaction of the learned C.J.M., Saharsa in connection with Basanhi P.S. Case No. 194 of 2022.

(Sunil Kumar Panwar, J) arish/- U T