Pappu Kumar @ Pappu Kumar Raut v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.38244 of 2025 Arising Out of PS. Case No.-494 Year-2024 Thana- GRIYAK District- Nalanda ====================================================== Pappu Kumar @ Pappu Kumar Raut S/o Randhir Raut R/o VillageKatarisarai, P.S.- Katarisarai, District- Nalanda ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Pramod Kumar Sinha, Advocate For the Opposite Party/s :

Mr.Pramod Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 23-06-2025 Heard Mr.Pramod Kumar Sinha, learned counsel for the petitioner and Mr.Pramod Kumar Pandey, learned Additional Public Prosecutor for the State.

2. The petitioner is apprehending his arrest in connection with Giriyak (Katrisarai) P.S.Case No.494/2024, FIR dated 30.12.2024 registered for the offences punishable under Sections 316(2), 319(2), 318(4), 338,336(3),339,340(2), 341(1), 3(5) and 61(2) of the B.N.S. and Sections 66,66(C) and 66(D) of the I.T.Act.

3. The police on a tip off cyber fraud has conducted a raid in the house of co-accused Pintu Kumar and Vikrant Kumar. However, noticing the police party, some of the persons, who were also present there, succeeded in fleeing away. The apprehended persons also disclosed the name of the petitioner as

2/4 their accomplice. In course of search, 12 mobile sets, debit cards and pass book of some Banks have been recovered.

4. Learned counsel for the petitioner submits that the petitioner has falsely been implicated in the present case. It appears from the FIR that on the basis of the secret information, the police has raided the house of co-accused persons, namely, Pintu Kumar and Vikrant Kumar, where incriminating article has been recovered and apprehended co-accused persons, namely, Sonu Kumar and Pintu Kumar have disclosed the name of the petitioner and other co-accused persons, namely, Sonu Kumar and Raushan Kumar have been granted privilege of anticipatory bail by a Coordinate Bench of this Hon'ble Court vide order dated 16.05.2025 passed in Cr. Misc. No.31452 of 2025 and save and except confessional statement of co-accused persons, no other cogent material has come during investigation against the petitioner to suggest the involvement of the petitioner in the present occurrence.

5. Learned A.P.P. for the State has vehemently opposed the prayer for bail of the petitioner and submits that the petitioner carries one more case other than the present one but fairly submits that the petitioner is on bail in the said case, as mentioned in para-3 of the bail petition.

3/4

6. Considering the aforesaid facts, similarly situated co-accused person, namely, Sonu Kumar and Raushan Kumar have been granted privilege of anticipatory bail by a Coordinate Bench of this Hon'ble Court and the case of the petitioner is on similar footing, let the petitioner, above named, in the event of his arrest or surrender before the court below within a period of thirty days from the date of receipt of the order, be released on bail 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, Nalanda at Biharsharif in connection with Giriyak (Katrisarai) P.S.Case No.

494/2024, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure/ Section 482(2) of BNSS, 2023 and with other following conditions:- (I) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court and shall remain physically present as directed by the Court and on his/her absence on two consecutive dates without sufficient reason, his/her bail bond shall be cancelled by the Court below. (II) If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

4/4 (III) And, further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage, it is found that the petitioner has concealed his/her criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.

(Rajesh Kumar Verma, J) Nitesh/- U T