Raju Prasad @ Kaliya @ Raju v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.34313 of 2025 Arising Out of PS. Case No.-14 Year-2025 Thana- SHEIKHOPUR SARAI DistrictSheikhpura ====================================================== Raju Prasad @ Kaliya @ Raju, aged about 36 years, Sex-Male, S/o- Vinod Prasad, R/O Village- Panchi, P.S.- Sheikhopur Sarai, Dist- Sheikhpura ... ... Petitioner
Versus
The State of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioner :
Mr. Bipin Kumar, Advocate For the Opposite Party :
Mr. Amitesh Kumar, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 18-07-2025 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
2. The petitioner is apprehending his arrest in connection with Sheikhopur Sarai P.S. Case No. 14 of 2025 dated 24.01.2025 registered for the offences punishable under Sections 316(2), 319(2), 318(4), 338, 336(3), 340(2), 61(2) read with Section 3(5) of the B.N.S., 2023 and Sections 66C and 66D of the I.T. Act.
3. As per the prosecution case, the informant received an information that 10-12 persons were engaged in online cyber fraud activities using mobile phones from the premises of an old coaching center belonging to Ramavtar Munshi at VillagePanchi. At 6:20, the police team reached the coaching center and
2/4 a raid was conducted where the co-accused persons were apprehended. On search, multiple mobile phones of various brands along with active SIM cards of Airtel and Jio were recovered. Thereafter, the co-accused persons confessed that they used to lure innocent persons by sending fake advertisements of providing business loans through a fictitious finance company name Lenoing-Kart Finance Ltd. The apprehended co-accused persons also disclosed the name of the petitioner and other co-accused persons who fled away from the place of occurrence.
4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. The petitioner was not arrested on the spot and his name has surfaced in the present case on the basis of the confessional statement of the apprehended co-accused persons. No incriminating article has been recovered from the possession of the petitioner. The petitioner was not present on the alleged date, time and the place of occurrence. It is further submitted that the petitioner has not cheated any property of any person. The other co-accused person, namely, Sonu Paswan @ Sonu Kumar, has already been granted anticipatory bail by a Bench of this Court vide order dated 04.07.2025 passed in Cr. Misc. No.
3/4 22097 of 2025. The petitioner has two criminal antecedents as stated in para 4 of the supplementary affidavit filed on behalf of the petitioner.
5. Learned A.P.P. for the State has vehemently opposed the prayer for anticipatory bail of the petitioner.
6. Considering the aforesaid facts and circumstances of the case, let the above named petitioner, in the event of his arrest/surrender within a period of six weeks from today, be enlarged on anticipatory bail on furnishing bail-bond of Rs. 20,000/- (Rupees twenty thousand) with two sureties of the like amount each to the satisfaction of the learned C.J.M., Sheikhpura in connection with Sheikhopur Sarai P.S. Case No. 14 of 2025, subject to conditions as laid down under section 482(2) of the B.N.S.S, with further conditions:- (I) The petitioner is directed to remain physically present before the learned court below on each and every date, failing which on two consecutive dates without reasonable cause, the bail bond of the petitioner is liable to be cancelled.
(II) If the petitioner is found involved in similar nature of offence in the future,
4/4 the prosecution will be at liberty to move for cancellation of his bail bonds.
7. The application stands allowed.
U.K./- (Chandra Prakash Singh, J) U T