Chhotu Paswan @ Rikesh Paswan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.47814 of 2023 Arising Out of PS. Case No.-229 Year-2023 Thana- GRIYAK District- Nalanda ====================================================== CHHOTU PASWAN @ RIKESH PASWAN S/O LATE VIJAY PASWAN R/O Village- Sahabad, P.S- Katrisarai, Distt.- Nalanda. ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Vijaya Laxmi Srivastwa For the Opposite Party/s :
Mr.Harendra Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 11-08-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner apprehends arrest in connection with Giriyak (Katrisarai) P.S. Case No. 229 of 2023 dated 02.05.2023, instituted for the offence punishable under Sections 419, 420, 467, 468, 471 and 34 of the Indian Penal Code and 66(c) and 66 (d) of I.T. Act.
3. The prosecution case in short is that on 02.05.2023 at 14:30 hrs the informant got information that some persons were cheating the people through mobile phone for approval of loan. On getting this information, the informant along with his associates proceeded to place of occurrence and apprehend two persons, namely, Satyendra Kumar and Manoj Choudhary. On search three mobile phones, loan approval letter of Bajaj Finance Company and India Bulls, copy of aadhar card and pan
Patna High Court CR. MISC. No.47814 of 2023(2) dt.11-08-2023 2/3 card of customers and order sheet containing customers name and his mobile numbers have been recovered from the possession of the Satyendra Kumar and two mobile phones, loan approval letter of Bajaj Finance Company, copy of aadhar card and pan card of customers and order sheet containing customers name and his mobile numbers from the possession of Manoj Choudhary have been recovered.
4. Learned counsel for the petitioner submits that the petitioner is innocent and he has been falsely implicated in this case. It is further submitted that petitioner is not named in the F.I.R.. Only on the basis of confessional statement of Satyendra Kumar he has been made accused in this case, who was apprehended from the spot of occurrence. It is submitted that the petitioner is a student of B.Sc Part-II. No incriminating articles have been recovered from the possession or house of the petitioner. Lastly, it has been submitted that he has one criminal case against him.
5. Learned A.P.P. has opposed the prayer for bail of the petitioner.
6. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest / surrender of the petitioner in connection
Patna High Court CR. MISC. No.47814 of 2023(2) dt.11-08-2023 3/3 with Giriyak (Katrisarai) P.S. Case No. 229 of 2023, he shall be released on anticipatory bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Biharsharif at Nalanda, subject to condition as laid down under Section 438(2) of the Cr.P.C..
(Khatim Reza, J) prabhat/- U T