Dismissed

Rajeev Ranjan v. The State of Bihar

Patna HC15 Sept 2020CR. MISC./11169/2020

Case brief

AI extract

What is this about?

This is an oral order regarding a petition for anticipatory bail. The petitioner, accused of ATM card cloning and cyber fraud under IPC 420 and Income Tax Act 66, argued innocence and victimhood. The court, noting evidence of a cloned card usage and delayed bank reporting, refused anticipatory bail and directed surrender to seek regular bail.

What did the court decide?

Prayer for anticipatory bail refused with direction to surrender and seek regular bail.

Rajeev Ranjan Vs The State of Bihar — Cheating and Forgery | Patna HC (2020)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.11169 of 2020

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Arising Out of PS. Case No.-345 Year-2019 Thana- MALSALAMI District- Patna

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======================================================

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Rajeev Ranjan Son of Yashawant Kumar Singh Resident of Village - Bishanpur Beri, P.S.- Mohiuddin Nagar, District - Samastipur At present resident of Q. no. - 160 A, New Colony, Bus Stand, Barauni, P.S.- Phulwaria, District - Begusarai.

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... ... Petitioner

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Versus

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The State of Bihar ... Opposite Party

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================ Appearance :	======================================
For the Petitioner	: Mr.Shaishav Kumar, Advocate
For the Opposite Party ================	: Mr.Satyendra Nr. Singh, Addl Public Prosecutor ======================================

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CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER

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4 15-09-2020

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Heard learned counsel for the petitioner as well as learned counsel for the State through video conferencing.

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Petitioner apprehends arrest in a case registered for the offence punishable under Section 420 of the Indian Penal Code as well as under section 66 of the Income Tax Act.

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It is alleged by the informant that on 9.9.2019 the petitioner, by cloning his (informant’s) ATM card, illegally withdrew Rs.40,000/-(in two attempts of Rs.20,000/- each) from his savings bank account, and got it credited to his (informant’s) account by committing cyber fraud.

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Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence and in fact he has himself become victim of the cyber fraud as he never used cloned ATM card of the informant. He submits that the petitioner is a student and due to lodging of this case his career has jeopardized, though he bears no criminal history.

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Learned counsel for the State opposes the prayer for bail. He points out that the beneficiary of the alleged fraud is the petitioner, as such, it appears that the same has been committed

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Patna High Court CR. MISC. No.11169 of 2020(4) dt.15-09-2020 2/2

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by the petitioner himself by using informant’s cloned ATM card. Learned counsel further submits that as the alleged illegal withdrawal has been done from ATM booth, there is no probability of mistake being committed by the bank personnel. Further, acknowledgment/ SMS of credit was received by the petitioner on mobile phone on 9.9.2019, but the petition to this suspicious transaction was given to the concerned bank on 12.9.2019, without any explanation of delay.

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In view of the nature of allegation levelled by the informant against the petitioner, prayer for bail of the petitioner is refused with direction to surrender and seek regular bail which would be considered on its own merit without prejudice.

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(Prabhat Kumar Singh, J)

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Shashi

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U T

Rajeev Ranjan v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Rajeev Ranjan v. The State of Bihar

Case brief

What is this about?

What did the court decide?

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