Sonali Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.76887 of 2023 Arising Out of PS. Case No.-204 Year-2022 Thana- SHEIKHOPUR SARAI DistrictSheikhpura ====================================================== 1.

Sonali Kumar Son Of Navin Kumar Resident Of Village - Chakwai, Police Station - Warsaliganj, District - Nawada 2.

Gulshan Kumar Son Of Sadan Prasad Singh Resident Of Village - Chakwai, Police Station - Warsaliganj, District - Nawada 3.

Raushan Kumar Son Of Arjun Singh Resident Of Village - Chakwai, Police Station - Warsaliganj, District - Nawada ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Narsingh Tanti, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 02-01-2024 Learned counsel for the petitioners is permitted to remove the defect(s), as pointed out by the office, if any, within a period of three weeks from today.

2. Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

3. The petitioners are apprehending their arrest in a case in connection with Sheikhopur Sarai P.S. Case No. 204 of 2022 dated 08.12.2022 registered for the offences punishable u/ss 419, 420, 467, 468, 471, 120B read with section 34 of the Indian Penal Code.

4. As per the prosecution case, police intercepted one

Patna High Court CR. MISC. No.76887 of 2023(2) dt.02-01-2024 2/3 Santro car, which was being driven by the co-accused Utkarsh Kumar @ Golu and recovered mobile phone, ATM Card, Bank Passbook etc. and upon inquiry he disclosed that the petitioners along with other accused persons, were indulged in cyber fraud in the name of providing loan from Bajaj Finance and other finance companies and they used to cheat general public.

5. Learned counsel for the petitioners has submitted that the petitioners have falsely been implicated in this case. The petitioners were not apprehended on the spot. The name of the petitioners has sprung up on the confessional statement of the co-accused, Utkarsh Kumar. Nothing has been recovered from the conscious possession of the petitioners. Similarly situated co-accused has already been granted anticipatory bail by the co-ordinate bench of this court vide order dated 19.05.2023 passed in Cr. Misc. No. 10143 of 2023. The petitioners have no criminal antecedent as stated at para 3 of the bail petition.

6. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioners.

7. Considering the aforesaid facts and circumstances of the case, let the above named petitioners, in the event of their arrest/surrender within a period of six weeks from today, be

Patna High Court CR. MISC. No.76887 of 2023(2) dt.02-01-2024 3/3 enlarged on bail on furnishing bail-bond of Rs. 20,000/- (Rupees Twenty thousand) each with two sureties of the like amount each to the satisfaction of learned court concerned, Sheikhpura in connection with Sheikhopur Sarai P.S. Case No. 204 of 2022, subject to conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

8. This application stands allowed.

(Chandra Prakash Singh, J) guddukr/- U T