Raushan Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.63155 of 2024 Arising Out of PS. Case No.-220 Year-2024 Thana- WARISLIGANJ District- Nawada ====================================================== 1.
Raushan Kumar S/O Vijay Singh @ Babulal ram R/O Village- Kandha, P.SWarisaliganj, Distt- Nawada. 2.
Munna Kumar S/O Babulal Singh R/O Village- Kandha, P.S- Warisaliganj, Distt- Nawada.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ajay Kumar Thakur, Adv :
Mr. Ritwik Thakur, Adv Ms. Vaishnavi Singh, Adv For the Opposite Party/s :
Mr. Dinesh Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 24-09-2024 Heard learned counsel for the petitioners and learned A.P.P for the State.
2. The petitioners have preferred this application for grant of regular bail in connection with Warisaliganj P.S. Case No. 220 of 2024 dated 20.06.2024 registered for the offences punishable u/s 419, 420, 467, 468 and 471 read with section 34 of the Indian Penal Code and Section 66 B and Section 66 D of the Information Technology Act, 2000.
3. As per the prosecution case, that on June 20, 2024, 5-6 cyber miscreants stated fleeing away from a garden west of
2/4 Kochgaon village on seeing the police. With the aid of the raiding party, two miscreants were apprehended who disclosed their name as Uttam Kumar and Sajan Kumar and they also disclosed the name of the other miscreant as Gauri Kumar and 2-3 other unknown miscreants fled away. A raid was again conducted in the mango orchard of village Kandha; on seeing the police, 13-14 cyber miscreants started fleeing away but three miscreants were apprehended who disclosed their names as a Lakshman Singh, Munna Kumar and Roushan Kumar and they also disclosed the names of the miscreants who fled away from there as Guddu Singh, Shivam Kumar son of Pappu Singh, Mukul Kumar, Veermani Kumar, Prince @ Praduman Kumar, Shivam Kumar son of Arun Singh, Niranjan Singh, Bholu Kumar, Gaina Kumar, Ramashish Thakur And Anil Kumar. These cyber criminals having given fake mobile numbers and I.D. in the name of the Dhani Finance takes customer's data and trap the customer to provide online loan and asks for money in the name of processing and N.O.C.
4. Learned counsel for the petitioners has submitted that the petitioners are innocent and have falsely been implicated in this case. The petitioners have no concern with the other co-accused persons. No money has been recovered either
3/4 from the possession of the petitioners or at their instance from some other place. No incriminating article has been recovered from the conscious possession of the petitioners. The petitioner no. 1 has clean antecedent and the petitioner no. 2 has five criminal antecedents as stated in para 3 of the bail petition. The petitioners are in custody since 20.06.2024.
5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioners by submitting that the evidence on record indicates the petitioner's active involvement in the cyber crime syndicate.
6. Considering the aforesaid facts and circumstances of the case as well as the nature of allegation and the period of custody, the petitioners above-named, are directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Nawada in connection with Warisaliganj P.S. Case No. 220 of 2024, with a condition/s:- (i). The Petitioner No. 2 is directed to remain physically present before the learned Court below on each and every date, failing which on two consecutive dates without reasonable cause, the bail bond of the petitioner no. 2 is liable to be cancelled.
4/4
7. The application stands allowed.
(Chandra Prakash Singh, J) Jyoti/- U T