Rajvir Raj vs The State Of Bihar on 24 March, 2023

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Patna High Court - Orders

Rajvir Raj vs The State Of Bihar on 24 March, 2023

Bench: Sunil Kumar Panwar

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.75050 of 2022
                        Arising Out of PS. Case No.-446 Year-2022 Thana- KOTWALI District- Patna
                 ======================================================
                 Rajvir Raj Son Of Ramanuj Singh Resident Of- Mahiyarpur, Tarawan, P.S.-
                 Tankuppa, District- Gaya-805128

                                                                                   ... ... Petitioner/s
                                                        Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr.Shadab Akhter
                 For the Opposite Party/s :        Mr.Satyendra Prasad
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR
                                       ORAL ORDER

2   24-03-2023

Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has filed the instant application for grant of regular bail in connection with Kotwali (Patna) P.S. Case No. 446 of 2022 registered under sections 418, 419, 420, 467, 468, 471 and 120(B) of the Indian Penal Code and Section 66 of the Information Technology Act.

The prosecution case in short, is that, when the informant got secret information about inter state gang of Cyber Criminals gathered at Mahavir temple and planning to commit some offence, he along with police personnel raided the place of occurrence and apprehended the accused persons including the petitioner. On search, three Paytm POS machine along with mobile phones have been recovered from them. Patna High Court CR. MISC. No.75050 of 2022(2) dt.24-03-2023 2/3 Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case merely on suspicion. The allegation against the petitioner is that he opened back accounts on fake identity in small banks that is linked to the Paytm POS machine and later withdraw money from these bank accounts, however there is no details of bank accounts. During investigation, there is not even a single penny recovered to prove fraud transactions. Hence, no element of cheating is established and this fact is mentioned in para 11 and 12 of the petition. A statement has been made in para-3 of this petition that the petitioner has got no criminal antecedent. He is languishing in judicial custody since 10.08.2022. Similarly situated other co-accused person has already been granted bail by this Court vide order dated 27.02.2023. in Cr. Misc. No. 68470 of 2022.

The application for bail is opposed by learned APP for the State.

Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case as well as the custody of the petitioner, the Court is inclined to enlarge the petitioner on bail. The above named petitioner is Patna High Court CR. MISC. No.75050 of 2022(2) dt.24-03-2023 3/3 directed to be enlarged on bail in connection with Kotwali (Patna) P.S. Case No. 446 of 2022 on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate 1st Class, Patna Sadar, District- Patna.

(Sunil Kumar Panwar, J) shubham/-

U     T

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Patna High Court - Orders