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Patna High CourtCR. MISC./49859/2023allowed

Suraj Kumar @ Suraj @ Bantu v. The State Of Bihar

2023-08-11Mr. Justice Sunil Dutta Mishra3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.49859 of 2023 Arising Out of PS. Case No.-136 Year-2022 Thana- SHEIKHOPUR SARAI DistrictSheikhpura ====================================================== Suraj Kumar @ Suraj @ Bantu, Son Of Mintu Kumar, R/O-Panchi, P.S.- Shekhopur Sarai, District- Sheikhpura ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr. Pankaj Kumar, Advocate For the State :

Mr. Md. Shakir Ahmad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 11-08-2023 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner is apprehending his arrest in connection with Shekhopur Sarai P.S. Case No. 136 of 2022 registered for the offences punishable under Sections 419, 420, 467, 468, 471, 406, 120 (B), 34 of the Indian Penal Code.

As per the prosecution story, accused persons are involved in alluring general public in name of agency of Himalaya Company and also providing loan from Bajaj Finance. As per the seizure list, huge number of mobiles embedded with SIM have been recovered. During the raid, 33 persons including the petitioner are member of Cyber Crime

Patna High Court CR. MISC. No.49859 of 2023(2) dt.11-08-2023 2/3 Gang fled away from the spot.

Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. It is submitted that nothing has been recovered from the petitioner. He has no criminal antecedent. He further submits that similarly situated co-accused persons have already been granted bail by coordinate Benches of this Court vide orders dated 16.05.2023 passed in Cr. Misc. No. 7971 of 2023 and Cr. Misc. No. 2455 of 2023 and vide orders dated 25.05.2023 passed in Cr. Misc. No. 17867 of 2023, Cr. Misc. No. 17530 of 2023 and Cr. Misc. No. 14987 of 2023. Learned APP for the State has opposed the prayer for anticipatory bail of the petitioner.

Considering the facts and circumstances of the case and submissions of learned counsel for the parties, 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 bonds of Rs. 10,000/- (rupees ten thousand) each with two sureties of the like amount each to the satisfaction of the concerned Court where the case is pending in connection with Shekhopur P.S. Case No. 136

Patna High Court CR. MISC. No.49859 of 2023(2) dt.11-08-2023 3/3 of 2022, subject to the conditions as laid down under Section 438 (2) of the Code of Criminal Procedure. (Sunil Dutta Mishra, J) khushbu/- U T