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Patna High CourtCR. MISC./26876/2025bail granted

Riitik Kumar @ Rittick Kumar Singh v. The State Of Bihar

2025-05-15Mr. Justice Sourendra Pandey5 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.26760 of 2025 Arising Out of PS. Case No.-344 Year-2024 Thana- Cyber P.S. District- Saran ====================================================== Golu Sonkar@Golu Son of Bhaganu Sonkar village- Walidpur, Ps- Muhammadbad, Dist- Mau UP ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 26876 of 2025 Arising Out of PS. Case No.-344 Year-2024 Thana- Cyber P.S. District- Saran ====================================================== Riitik Kumar @ Rittick Kumar Singh S/o Rajkumar Singh Resident of village- Sahapur Main Road, PS- Behala, District- Kolkata, State -West Bengal ... ... Petitioner/s

Versus

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

(In CRIMINAL MISCELLANEOUS No. 26760 of 2025) For the Petitioner/s :

Mr. Ajay Kumar Thakur, Advocate Ms. Vaishnavi Singh, Advocate For the Opposite Party/s:

Mr. Upendra Kumar, Advocate (In CRIMINAL MISCELLANEOUS No. 26876 of 2025) For the Petitioner/s :

Mr. Niranjan Parihar, Advocate For the Opposite Party/s:

Mr. Shantanu Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY ORAL ORDER 15-05-2025 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the state.

2. The petitioners seek bail in connection with Saran Cyber P.S. Case No. 344 of 2024 instituted for the offences under Sections 303(2), 318(4) and 31992) of BNS and Section 66(c) and 66(d) of the Information Technology Act. Petitioner

2/5 namely Golu Sonkar of Cr. Misc. No. 26760 of 2025 has no criminal antecedent and petitioner namely Riititik Kumar @ Rittick Kumar Singh has one criminal antecedent, i.e., Barrackpore (W.B) P.S. Case No. 39 of 2024 under Sections 318(4) and 316(2) of BNS in which he is on bail.

3. The prosecution case is to the effect that the informant namely Vikash Kumar gave a written report stating therein that he was duped of Rs. 45,86,000/- by the named accused persons, namely, Tushar Pal and Akansha Singh in whose account he had transferred the part of the amount and on such allegations the case was registered.

4. It is submitted by learned counsel for the petitioner appearing on behalf of the petitioner namely Golu Sonkar @ Golu of Cr. Misc. No. 26760 of 2025 that the petitioner is not named in the FIR and his name has surfaced subsequently thereto during course of investigation and it was on his confessional statement he has been connected with the present case and some part of the commission was paid to the petitioner. It is also submitted by learned counsel for the petitioner that there is no allegation of the petitioner receiving the amounts directly by the informant. Learned counsel has also submitted that the petitioner has clean antecedent and is in custody since 03.02.2025.

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5. Learned counsel for the petitioner appearing on behalf of Ritik Kumar @ Rttick Kumar Singh of Cr. Misc. No. 26876 of 2025 submits that the petitioner has falsely been implicated in this case. It has been further submitted that the account number 20100031975330 of Bandhan Bank belonged to the petitioner in which it is stated that Rs. 55,500/- was sent by the account holder to other accounts. It is also submitted that from the perusal of the FIR as well as during the course of investigation it has come that account holders had withdrawn money from the aforesaid account through the ATM situated at Dubai. It is next submitted that he has been falsely implicated in this case and he has been made accused in only one case of similar nature in which he is on bail. It is lastly submitted by learned counsel for the petitioner that petitioner is a student of B. Com and is in custody since 27.01.2025.

6. Learned Additional Public Prosecutor for the State has vehemently opposed the prayer for bail of the petitioner and has stated that the petitioners are involved in duping the valuable money of innocent people.

6. Considering the aforesaid submissions of learned counsel and taking into account the fact that even if the allegation is taken on face value there is nothing to show that the peti-

4/5 tioners have received the entire amount and there is no allegation against the petitioners as far as the FIR is also concerned, attributing any specific overt act against the petitioners and petitioners are in custody since 27.01.2025 and 03.02.2025r respectively. The petitioners above named, are directed to be released on bail on furnishing bail-bonds of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Saran at Chapra in connection with Saran Cyber P.S. Case No. 344 of 2024, subject to the the following conditions:- (i) One of the bailors will be a close relative of the petitioners.

(ii) The petitioners will remain present on each and every date fixed by the Court below, if so required by the learned Trial Court.

(iii) In case of absence on two consecutive dates or in violation of the terms of the bail, the bail bond of the petitioners will be liable to be canceled by the Court concerned. (iv) And further condition that the court below shall verify the criminal antecedent

5/5 of the petitioners except above-mentioned cases and in case at any stage it is found that the petitioners have concealed their criminal antecedents except these cases, the court below shall take step for cancellation of bail bond of the petitioners. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of the same or in the name of verification.

(Sourendra Pandey, J) Vikash/- U T