Patna High Court - Orders
Sumant Kumar @ Golu vs The State Of Bihar on 30 September, 2022
Author: Nawneet Kumar Pandey
Bench: Nawneet Kumar Pandey
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.50895 of 2021
Arising Out of PS. Case No.-63 Year-2021 Thana- SHEIKHOPUR SARAI District-
Sheikhpura
======================================================
SUMANT KUMAR @ GOLU Son of Dhano Mahto Resident of Village -
Panchi, P.S.- Sheikhopur Sarai, District - Sheikhpura
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
with
CRIMINAL MISCELLANEOUS No. 48178 of 2021
Arising Out of PS. Case No.-63 Year-2021 Thana- SHEIKHOPUR SARAI District-
Sheikhpura
======================================================
1. SHASHI KUMAR @ SHAHI MAHTO @ BABUA Son of Devsharan
Prasad Resident of Village - Panchi, P.S.- Sheikhopur Sarai, District -
Sheikhpura
2. Bikash Raushan @ Raushan Kumar @ Dije Son of Palo Mahto @
Abhimanu Prasad Sinha Resident of Village - Panchi, P.S.- Sheikhopur
Sarai, District - Sheikhpura
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
with
CRIMINAL MISCELLANEOUS No. 55656 of 2021
Arising Out of PS. Case No.-63 Year-2021 Thana- SHEIKHOPUR SARAI District-
Sheikhpura
======================================================
PANKAJ KUMAR @ TAMOLI @ TAMORI Son of Sri Chandra Mahto @
Sri Jayram Prasad Resident of Village - Panchi, P.S. - Shekhopur Sarai,
District - Sheikhpura.
... ... Petitioner/s
Versus
THE STATE OF BIHAR
... ... Opposite Party/s
======================================================
Patna High Court CR. MISC. No.50895 of 2021(4) dt.30-09-2022
2/8
Appearance :
(In CRIMINAL MISCELLANEOUS No. 50895 of 2021)
For the Petitioner/s :
Mr. Vikramdev Singh, Adv.
Mr. Pankaj Kumar, Adv.
For the Opposite Party/s : Mr.Rajendra Singh Shashtri
Mr. J.N. Thakur
(In CRIMINAL MISCELLANEOUS No. 48178 of 2021)
For the Petitioner/s : Mr. Vikramdev Singh, Adv
Mr. Pankaj Kumar., Adv.
For the Opposite Party/s : Mr.Umanath Mishra, Adv.
Mr. J.N. Thakur, APP
(In CRIMINAL MISCELLANEOUS No. 55656 of 2021)
For the Petitioner/s : None
For the Opposite Party/s : Mr.Binod Kumar, APP.
======================================================
CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR
PANDEY
CAV ORDER
4 30-09-2022The learned counsel for the petitioners is directed to remove all the defects pointed out by the office within one month.
I have already heard the learned counsel for the petitioner Sumant Kumar @ Golu and Shashi Kumar @ Shahi Mahto @ Babua. Despite repeated calls, none appeared on behalf of petitioner Pankaj Kumar @ Tamoli @ Tamori.
The petitioners apprehend their arrest in connection with Shekhopur Sarai P.S. Case No. 63 of 2021 registered for offence punishable under sections 406, 420, 467, 468, 471, 120(B)/34 of the Indian Penal Code.
The informant of this case is S.I. Krishna Nandan Prasad, who is posted in Shekhopur Sarai Police Station. He along with police party was planning to raid to apprehend the Patna High Court CR. MISC. No.50895 of 2021(4) dt.30-09-2022 3/8 culprits indulged in illegal business of wine. While he got an information that the petitioner Sumant Kumar @ Golu, who is resident of village Panchi is involved in cyber crime. After transmitting necessary information to the higher police officials, the police party raided the house of the petitioner, Sumant Kumar @ Golu. Seeing the police party, the persons assembled in his house fled away but co-accused Mantu Kumar was arrested at the spot and he apprised the police party that he came to meet Sumant Kumar @ Golu. After search, the following articles were recovered from the house of petitioner Sumant Kumar @ Golu:-
"Informant seized mobile sets, Sim Cards, Debit Card, A.T.M Card,PAN Card from the pocket of Track Suit of Mantu Kumar and also seized a bag which contains Laptop, mobile sets, Bank pass book, Adhar Card recovered that is OPPO Mobile whose colour is blue, whose IMIE No. 860093045366659, 860093045366642 and whose SIM was Jio, whose number is 7667546251, (II) one blue colour OPPO mobile whose IMEI No. 861162044526172, 861162044526164,(III) Blue colour Redmi Mobile whose IMEI No. 867473043248351, Patna High Court CR. MISC. No.50895 of 2021(4) dt.30-09-2022 4/8 867473043248369, (IV) One VIVO blue colour mobile ANDROID (V) debit cart of SBI whose no. 5596010032106872 Dhananjay Prasad (VI) FINO FINO payment bank whose no. is 6080021115939015 (VII) A.T.M Central Bank of India whose no. is 4622442749700609 (VIII) Pan Card Government of India whose no. IFXPF7943J, whose name was Gaurav Kumar, (IX) piece of paper with two sim whose no. is 899115609900124823370 and second JIO No. 89918400400504046785 and one hanging bag open and found one Laptop of ASUS company was recovered (X) one OPPO black colour mobile whose IMEI no. 864693047227936, 864693047227928, (XI) one blue colour VIVO mobile whose IMEI no 861556049698854, 861556049698847, (XII) One Grey colour Redmi Mobile whose IMEI No.864334056077397, 864334056077405, (xiii) one blue colour redmi mobile whose IMEI No. 869090044509017, 8609090044509041, (xiv) one Grey colour Redmi Mobile whose IMEI No. 862024051215157, 862024051215165, (xv) Black colour Redmi Mobile Patna High Court CR. MISC. No.50895 of 2021(4) dt.30-09-2022 5/8 whose IMEI no. 866778043685913, 866772048685921, (xvi) one golden colour of MI mobile, (xvii) Vivo blue colour mobile, (xviii) Grey colour of Redmi Mobile, whose IMEI no.
862759049539057, 862759049539081, (xix) one Golden colour Samsung Mobile whose IMEI no. 355607114512638, 3556081145126366, (xx) one white colour Samsung keypad mobile whose IMEI no.352559119034238, 35260119034236, (xxi) one Black colour Samsung key pad mobile whose IMEI no. 355508111235704, 355509111239702, (xxii) Pass-book of Bihar Gramin Bank whose account no. 33110131083980 on whose name as Sharda Devi, (xxiii) Pass-book of Bihar Gramin Bank whose account no. is 33110131065607 whose is written Nawal Prasad, (xxiv) Pass-book of Central Bank of India whose account no. is 3994030011 name written as Archana Devi, (xxv) Pass-book of Punjab National Bank whose account no. is 2351000100207203 whose name written as Punam Kumari, (xxvi) Pass-book of South Bihar 7199010012612126903 whose name as Raushan Kumar, (xxvii) Pass-book of South Bihar Patna High Court CR. MISC. No.50895 of 2021(4) dt.30-09-2022 6/8 Gramin Bank whose account no is 71990100126121 whose name written as Anjali Kumari, Adhar Card of Sumant whose No. 892531604428, Pass-book of Bank of India of Rubi Devi, one orange colour of Pocket diary, One school mate copy whose colour of green, one Laptop charger. It has been further alleged that Mantu Kumar told that the name of persons Sumant Kumar @ Golu, son of Dhano Mahto, Shai Mahto @ Babua, son not known, Roushan Kumar @ Dije son of Palo Mahto, Pankaj @ Tamori, son of Chandra Mahto, Roshan Kumar @ Bagha, son of Tiranju Mahto, Karu @ West Indiz dealer son not known all resident of village Panchi, P.S Sheikhpor Sarai, District Sheikhpura who are fled away. He said that they are cheating people for the purpose of lottery and for sanction of loan from bank and for increasing marks in examination of Bihar Secondary Exam Board BSEB."
Co-accused Mantu Kumar apprised the police party that the petitioner Sumant Kumar @ Golu, petitioner Shashi Kumar @ Shahi Mahto @ Babua, petitioner Pankaj Kumar @ Pankaj Kumar @ Tamoli, Raushan Kumar and Karu @ West Patna High Court CR. MISC. No.50895 of 2021(4) dt.30-09-2022 7/8 Indiz dealer, who fled away from the place of occurrence, were indulged in a number of cyber crimes like extorting money from the people for enhancing their marks in the examination of Bihar School Examination Board. They used to commit bank fraud and they also indulged in cheating the customers of shopping centre.
The learned counsel for the petitioners has submitted that petitioner Sumant Kumar @ Golu and petitioner Shashi Kumar @ Shahi Mahto @ Babua were not arrested at the spot. Nothing was recovered from their possession and there is no criminal antecedents against them. He has also submitted that none of the victims of the cyber crime has come forward to give statement against the petitioners.
On the other hand, Mr. J.N. Thakur, the learned APP has submitted that it is a serious case of organized cyber crime. The various articles were recovered from the house of the petitioner Sumant Kumar @ Golu which shows itself that the said organization was well organized and planned. All the three petitioners are named in the FIR.
The investigation is still continuing. All the petitioners have been named by co-accused Mantu Kumar, who was arrested at the spot. The various articles have been recovered, as Patna High Court CR. MISC. No.50895 of 2021(4) dt.30-09-2022 8/8 described in the FIR, from the house of the petitioner Sumant Kumar @ Golu, which shows that an organized gang of cyber crime was indulged in committing cyber crime, bank fraud etc. In my view, it is not a fit case for anticipatory bail. Accordingly, it is rejected.
Office shall ensure that all defects are removed by the petitioners within the stipulated time mentioned hereinabove, failing which, the matter shall be brought to the notice of this Court.
(Nawneet Kumar Pandey, J) Mahesh/-
U T