Sonu Kumar @ Patel Indrajeet v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.46779 of 2023 Arising Out of PS. Case No.-4 Year-2018 Thana- SHEIKHOPUR SARAI DistrictSheikhpura ====================================================== Sonu Kumar @ Patel Indrajeet Son Of Ajay Prasad Resident Of Village - Parwati, P.S. - Kashichak, Distt. - Nawada. Present Address Resident Of Village - Panchi, P.S. - Shekhopur Sarai, Distt. - Sheikhpura ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Anuj Kumar Shrivastava ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 19-09-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends his arrest in Sheikhopur Sarai P.S. Case No. 04 of 2018 registered for the offences punishable under Sections 406, 420, 467, 468, 471, 120(B)/34 of the Indian Penal Code pending in the Court of learned C.J.M., Sheikhpura.

3. As per the prosecution case, it is alleged that the petitioner is a member of a gang of Cyber criminals, who is involved in cheating people by alluring one or another means. After getting the order sheet from shopping company, they called on their registered mobile numbers, thereafter, they lured the customers in the name of lucky customers with prize of

Patna High Court CR. MISC. No.46779 of 2023(3) dt.19-09-2023 2/3 goods and prize of car by pretending to be agents or employees of the company. Thereafter, instead of delivering the goods prize or car prize, they demand money and cheat people.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. He submits that no incriminating articles have been recovered from the possession or the house of the petitioner. He further submits that the name of the petitioner came in this case on the basis of statement of co-accused Santosh Kumar. The petitioner has six criminal antecedents as mentioned in para-3 of the bail application.

5. Learned APP for the State opposes the prayer for anticipatory bail and submits that specific overt act has been attributed against the petitioner. Hence, he does not deserve privilege of anticipatory bail.

6. Considering the facts and circumstances of case, I am not inclined to enlarge the petitioner on anticipatory bail. The prayer for anticipatory bail of the petitioner is hereby rejected. However, if the petitioner surrenders before the learned Court below within six weeks from today and seek regular bail,

Patna High Court CR. MISC. No.46779 of 2023(3) dt.19-09-2023 3/3 the learned Court below would pass order on the same day in accordance with law without being prejudiced by this order. (Anjani Kumar Sharan, J) anand/- U T