Ravi Ranjan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.31960 of 2022 Arising Out of PS. Case No.-163 Year-2022 Thana- SHEKHPURA District- Sheikhpura ====================================================== 1.

Uday Kumar Son Of Anuj Chaudhary Resident Of Village - Pain, P.S. - Sheikhpura, District - Sheikhpura.

2.

Piyush Kumar Son Of Anuj Chaudhary Resident Of Village - Pain, P.S. - Sheikhpura, District - Sheikhpura.

... ... Petitioner/s versus The State of Bihar ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 29816 of 2022 Arising Out of PS. Case No.-163 Year-2022 Thana- SHEKHPURA District- Sheikhpura ====================================================== Ravi Ranjan Kumar Son Of Sri Upendra Chaudhary Resident Of Village - Pain, P.S.- And Distt.- Sheikhpura. ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 31779 of 2022 Arising Out of PS. Case No.-163 Year-2022 Thana- SHEKHPURA District- Sheikhpura ====================================================== Satyendra Kumar Son Of Sri Lakhan Prasad Resident Of Village-Pain, Police Station-Sheikhpura, District-Sheikhpura. ... ... Petitioner/S

Versus

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

(In CRIMINAL MISCELLANEOUS No. 31960 of 2022) For the Petitioner/s :

Mr.Sheo Nandan Prasad For the Opposite Party/s :

Mr.Shantanu Kumar (In CRIMINAL MISCELLANEOUS No. 29816 of 2022) For the Petitioner/s :

Mr.Abhinay Raj For the Opposite Party/s :

Mr.Ganesh Prasad Singh (In CRIMINAL MISCELLANEOUS No. 31779 of 2022) For the Petitioner/s :

Mr.Pravin Kumar For the Opposite Party/s :

Mr.Jagdhar Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 02-03-2023 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners have filed the instant application for

2/4 grant of regular bail in a case registered for the offences punishable under Sections 467, 468, 471, 419, 420, 414 of the Indian Penal Code.

The prosecution case in nutshell is that on the basis of written report of informant (A.S.I. Hirday Narayan Panday) alleging therein that on 04.04.2022 when he was on patrolling and in that course, he was going towards village Pain from Matokhar, he found four suspected persons standing beside the road in lonely place. Seeing the patrolling party, they tried to escape but police personnel chased them and all four accused persons were apprehended and they disclosed their names as Deepak Kumar, Ravi Ranjan Kumar, Tuntun Kumar, Purushottam Kumar. On search, police officials recovered several A.T.M. Cards, PAN Cards, Several mobiles with SIM and cash from their possession, as per seizure list.

On interrogation, they disclosed the names of co-accused Satyendra Kumar, Uday Kumar and Piyush Kumar as their associates, who have kept the withdrawn amount at their homes. They admitted that they were involved in cyber crime and by sending messages, they used to cheat people and withdraw money fraudulently from their accounts.

3/4 money, several mobiles and two motorcycles were recovered. It is submitted by learned counsel for the petitioners that the petitioners are innocent and have committed no offence. They have falsely been implicated in the present case. Peptitioners Uday Kumar and Piyush Kumar have no concern with the alleged offence and no incriminating has been recovered from their conscious possession or from their houses. Their name have sprang up in the confessional statement of apprehended co-accused persons, before the police, which have no evidentiary value in the eye of law. Except one mobile phone, nothing has been recovered from possession of petitioner Ravi Ranjan Kumar. From the house of petitioner Satyendra Kumar, an amount of Rs.

74,000/-, two voter cards and, Pan Cards and one pass book have been recovered for which it is submitted by learned counsel for the petitioner that he runs grocery shop in the same village and the alleged recovered money belongs to him and the recovered Voter Id cards belongs to Suman Patel and Nila Devi and one passbook of Anuj Choudhary, who is his co-villager. From the house of coaccused Dipak Kumar an amount of Rs.

4/4 on bail by another co-ordinate Bench of this Court vide order dated 23.02.2023 passed in Cr. Misc. No. 32619 of 2022, and the case of these petitioners stands on better footing to that of the co-accused Dipak Kumar. Petitioners are languishing in judicial custody since 05.04.2022.

Learned APP appearing for the State has vehemently opposed the prayer for Bail.

Having heard learned counsel for the parties and taking into consideration 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 in connection with Sheikhpura P.S. Case No. 163 of 2022 on furnishing bail bond 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, Sheikhpura. (Sunil Kumar Panwar, J) sushma/- U T