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Patna High CourtCR. MISC./39604/2023bail granted

Ranjeet Kumar @ Bhola v. The State Of Bihar

2024-01-10Mr. Justice Chandra Prakash Singh4 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.39604 of 2023 Arising Out of PS. Case No.-136 Year-2022 Thana- SHEIKHOPUR SARAI DistrictSheikhpura ====================================================== Ranjeet Kumar @ Bhola, aged about 28 years, Male, Son of Late Chamari Mahto, Resident of village-Panchi, P.S.- Shekhopur Sarai, DistrictSheikhpura. ... ... Petitioner

Versus

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

For the Petitioner :

Mr. Sheo Nandan Prasad, Advocate For the State :

Mr. Umanath Mishra, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 10-01-2024 Learned counsel for the petitioner is permitted to remove the defect(s), as pointed out by the office, if any, within a period of three weeks from today.

2. Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

3. The petitioner is apprehending his arrest in connection with Sheikhopur Sarai P.S. Case No. 136 of 2022 dated 17.08.2022 registered for the offences punishable under Sections 419, 420, 467, 468, 471, 406 and 120B/34 of the I.P.C.

4. As per the prosecution case, police got a secret information that some miscreants have assembled near Shailesh Asthan in the Village-Panchi, District-Sheikhpura, who are

2/4 involved in cyber crime and collect money from the people by alluring them in the name of providing dealership of 'Himalaya Company' and securing loan from Bajaj Finance. Police proceeded towards the place of occurrence to verify the information and upon seeing the police party, about 30-40 persons started fleeing away. However, police arrested three persons, namely, Balo Mahto @ Babloo Kumar, Kaliya Mahto @ Raju Prasad and Sandeep Kumar. The arrested co-accused, Balo Mahto @ Babloo Kumar, disclosed the name of the petitioner as one of their accomplices.

5. Learned counsel for the petitioner has submitted that the petitioner is innocent and has been falsely implicated in this case by the arrested co-accused accused persons and there is no material to connect the petitioner with the present offence. He next submits that none of the members of the public, during the course of investigation, disclosed the name of the petitioner that the petitioner at any point of time had allured them and accepted money for providing dealership and arranging loan for them. He next submits that police did not recover any amount from the petitioner's account which was said to be illegally collected by the petitioner from the general public. The SIM Cards, Laptop and other materials which were recovered by

3/4 police as alleged in the F.I.R., do not belong to the petitioner. The petitioner is a student and he has no concern with the alleged offence. Other co-accused person has been granted anticipatory bail by another Co-ordinate Bench of this Court vide Cr. Misc. No. 2455 of 2023 under order dated 16.05.2023. The petitioner has clean antecedent as stated in paragraph no. 3 of the bail application.

6. Learned A.P.P. for the State has opposed the prayer for anticipatory bail of the petitioner.

7. 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/- (Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned court concerned, Sheikhpura in connection with Sheikhopur Sarai P.S. Case No. 136 of 2022, subject to the condition as laid down under Section 438(2) of the Code of Criminal Procedure with further condition:- I. The petitioner is directed to remain physically present before the learned court below on each and every date, failing which

4/4 on two consecutive dates without reasonable cause, the bail bonds of the petitioner are liable to be cancelled.

8. The application stands allowed.

(Chandra Prakash Singh, J) U.K./- U T