Abinash Paswan @ Abinash Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.37524 of 2024 Arising Out of PS. Case No.-136 Year-2022 Thana- SHEIKHOPUR SARAI DistrictSheikhpura ====================================================== Abinash Paswan @ Abinash Kumar Son of Naresh Paswan Resident of Village- Panchi, P.O. - Panhesa, P.S.- Shekhopur, Distt. - Sheikhpura. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Bipin Kumar For the Opposite Party/s :
Mr.Nagendra Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 09-08-2024 Heard learned counsel appearing on behalf of the parties.
2.
The petitioner apprehends arrest in connection with Sheikhopur Sarai P.S. Case No.136 of 2022 registered for the offence under Sections 419, 420, 467, 468, 471, 406 and 120B/34 of the Indian Penal Code. 3.
As per prosecution case, petitioner is active member of the cyber crime gang which is involved in alluring general public in the name of agency of Himalaya Company and also providing loan from Baja Finance. As per the seizure list, huge number of mobiles embedded with SIM have been recovered.
4.
Learned counsel appearing on behalf of the
Patna High Court CR. MISC. No.37524 of 2024(3) dt.09-08-2024 2/3 petitioner submits that the petitioner has falsely been implicated in the present case. It is submitted that name of this petitioner surfaced during course of investigation on the basis of disclosure made by other co-accused person, namely, Balo Mahto. It is submitted that nothing incriminating articles have been recovered during course of investigation which may connect him with the present set of occurrence. It is submitted that similarly situated co-accused persons have already been granted anticipatory bail and regular bail by this Court and different learned co-ordinate Benches of this Court through Cr. Misc. Nos.37540 of 2024 on 16.07.2024, 74776 of 2023 on 07.12.2023, 2455 of 2023 on 16.05.2023, 7971 of 2023 on 16.05.2023, 50395 of 2023 on 23.08.2024, 67766 of 2022 on 15.05.2023, 12925 of 2024 on 29.02.2024, 23821 of 2024 on 19.04.2024, 24645 of 2024 on 19.04.2024 and 23821 of 2024 on 19.04.2024. It is submitted that petitioner is a man of clean antecedent.
5.
Learned APP appearing on behalf of the State, opposes the prayer of bail of the petitioner. 6.
Considering the aforesaid facts and circumstances of the case, submissions made on behalf of the petitioner and as similarly situated co-accused persons have
Patna High Court CR. MISC. No.37524 of 2024(3) dt.09-08-2024 3/3 already been granted bail by this Court as well as different learned co-ordinate Benches, let the above-named petitioner be released on anticipatory bail in the event of his arrest or surrender before the trial court within a period of six weeks from today on furnishing bail bond of Rs.10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Sheikhpura in connection with Sheikhopur Sarai P.S. Case No.136 of 2022 subject to the condition laid down under Section 438(2) of Cr.P.C. with further condition:
(i) One of the bailors should be the family member of the petitioner who shall provide official document to show his/her bonda fide.
(ii) The petitioner shall appear on each and every date before the Trial Court and in failure to do so for two consecutive dates without plausible reason will entail cancellation of his bail bond by the Trial Court itself.
(Ramesh Chand Malviya, J) S.Katyayan/- U T