Ujjawal Raj @ Ujjawal Rai @ Ujjawal Kumar vs The State Of Bihar on 27 February, 2023

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Patna High Court - Orders

Ujjawal Raj @ Ujjawal Rai @ Ujjawal Kumar vs The State Of Bihar on 27 February, 2023

Bench: Sunil Kumar Panwar

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.68470 of 2022
                        Arising Out of PS. Case No.-446 Year-2022 Thana- KOTWALI District- Patna
                 ======================================================
                 UJJAWAL RAJ @ UJJAWAL RAI @ UJJAWAL KUMAR Son of
                 Chandramauli Singh Resident of Mahiyarpur, P.O. Chowar, P.S.- Tankuppa,
                 Tarawan, District - Gaya.

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

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

2   27-02-2023

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

The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 418, 419, 420, 467, 468, 471, 120(B) of IPC and Section 66 of IT Act.

The prosecution case, in brief, 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.68470 of 2022(2) dt.27-02-2023 2/3 Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in the present case on the basis of suspicion. The allegation against the petitioner is that he opened back accounts on fake identity in small banks that is liked to the Paytm POS machine, 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 the petition that the petitioner has got no criminal antecedent. Moreover, the petitioner is languishing in judicial custody since 10.8.2022.

Learned APP appearing for the state has opposed the prayer of regular bail.

Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Kotwali (Patna) P.S. Case No. 446 of 2022 on furnishing bail bond of Rs.10,000/- (ten thousand) with two Patna High Court CR. MISC. No.68470 of 2022(2) dt.27-02-2023 3/3 sureties of the like amount each to the satisfaction of learned Judicial Magistrate, 1st Class, Patna Sadar, Dist-Patna.

(Sunil Kumar Panwar, J) Amandeep/-

U     T

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Patna High Court - Orders