Jharkhand High Court
Binu Kumar Thakur @ Binu Kumar vs The State Of Jharkhand on 4 February, 2025
Author: Anil Kumar Choudhary
Bench: Anil Kumar Choudhary
IN THE HIGH COURT OF JHARKHAND AT RANCHI
A.B.A. No.2669 of 2024
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Binu Kumar Thakur @ Binu Kumar, aged about 27 years, son of Bijay Thakur, Resident of Church Road, Kat-Piece Gali, Karbala, Road, P.O.-G.P.O., P.S.-Lower Bazar, District-Ranchi.
.... .... .... Petitioner Versus
1. The State of Jharkhand
2. Shudhir Kumar S/o Late Bhagya Narayan Sah, Deputy Manager (R.C.U.) Department, Sainik Colony Dumardaga, Booty More, P.O.-Booty More, P.S.-Sadar, Dist.-Ranchi.
.... .... .... Opposite Parties
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CORAM : HON'BLE MR. JUSTICE ANIL KUMAR CHOUDHARY
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For the Petitioner : Mr. Sanjay Kr. Pandey, Advocate
For the State : Mrs. Kumari Rashmi, Addl.P.P.
For the OP 2 : Mr. Rahul Pandey, Advocate
: Mr. Manoj Kumar, Advocate
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Order No.09 Dated- 04/02/2025
Heard the parties.
Apprehending his arrest, the petitioner has moved this Court for grant of privileges of anticipatory bail in connection with Chutia P.S. Case No.90 of 2023 registered under Section 406/420/467/468/471 & 34 of the Indian Penal Code.
Learned counsel for the petitioner submits that the allegation against the petitioner is that the petitioner opened an online account in a bank by impersonating as Wasim Khan, by linking his own mobile number to the said account with the bank and got a T.V. financed by Bajaj Finance on the basis of giving fake Aadhar Card, in the name of Wasim, with a fake address. It is further alleged that out of the two mobile numbers given in the application form for loan for purchase of the consumer durables, the first mobile number is of the petitioner and the second number is of co-accused and during the course of loan process OTP came on the mobile number of the petitioner, the petitioner disclosed the OTP and, thereafter, called Wasim to go and take delivery order and the petitioner made an advance payment of Rs.16,248/- in respect of the loan in the name of Wasim Khan and the petitioner has cheated Bajaj Finance Company of Rs.1,44,000/- by forging documents. It is submitted that the allegation against the petitioner is false. It is next submitted that the co-accused persons have been given the anticipatory bail and the petitioner has not taken any loan nor received any article. Hence, it is submitted that the petitioner be given the privileges of anticipatory bail.
Learned Addl. P.P. appearing for the State and the learned counsel for the petitioner vehemently opposes the prayer for grant of anticipatory bail and submits that the allegation against the co-accused persons who have been given the privilege of bail stands on different footing than that of the petitioner, as there is direct allegation against the petitioner that he used his mobile phone to open a bank account in the concerned bank and also deposited the advance amount with the dealer in respect of purchase of the goods and OTP was also received in his mobile number. It is next submitted that though the photograph of the petitioner has been attached with the FIR, the petitioner has not denied that the said photograph is of him. It is then submitted that the same photograph is appearing on the purported Aadhar Card in which the name of the card holder has been mentioned as Wasim Khan, hence, the custodial interrogation of the petitioner is required during the investigation of the case in order to find out the details of the case. It is, therefore, submitted that the petitioner ought not to be given the privilege of anticipatory bail.
Considering the serious nature of allegation against the petitioner of committing criminal breach of trust or cheating as well as forgery and the requirement of his custodial interrogation during the investigation of the case, this Court is of the considered view that this is not a fit case where the above-named petitioner be given the privileges of anticipatory bail. Accordingly, the prayer for grant of privileges of anticipatory bail of the above-named petitioner is rejected.
(Anil Kumar Choudhary, J.) Abhiraj/