Full Bench Cr. Misc. appeal where High Court refused anticipatory bail to petitioners accused of cyber cheating offenses under IPC, considering the crime's gravity and rising instances, directing surrender for regular bail consideration.
Prayer for anticipatory bail rejected. Petitioners may apply for bail after surrendering.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.19227 of 2021
Arising Out of PS. Case No.-350 Year-2020 Thana- DANAPUR District- Patna
======================================================
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr. Indeshwari Prasad Mandal, Adv. For the Opposite Party/s : Mr. APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER
3 10-05-2022 Heard Mr. Indeshwari Prasad Mandal, learned advocate for the petitioners and Mr. A.P.P. representing the State.
The petitioners seek bail in anticipation of their arrest in connection with Danapur P.S. Case No. 350 of 2020 dated 13.06.2020 instituted for the offences under Sections 420, 406, 467, 468, 469, 471 and 34 of the Indian Penal Code.
The accusation against the petitioners is of facilitating the commission of cyber crime by depositing money of an unsuspecting investor in another account and thereafter taking out the aforesaid amount in cash.
Though there is no specific allegation against the
Patna High Court CR. MISC. No.19227 of 2021(3) dt.10-05-2022 2/2
petitioners but from the narration of events and the materials collected during course of investigation, it appears that the petitioners have been the facilitators in the crime.
Considering the gravity of the offence and its perilous nature and also taking into account that such instances are burgeoning, I am not inclined to grant anticipatory bail to the petitioners.
Accordingly, the prayer for anticipatory bail of the petitioners is rejected.
If the petitioners surrender before the court below and seek bail, their application shall be considered on its own merits without being prejudiced by the fact that the present petition on their behalf has not been entertained by this Court.
(Ashutosh Kumar, J)
rishi/-
U T
1 issue framed by the court
Whether anticipatory bail should be granted to petitioners accused of facilitating cyber cheating offences.
1 provisions across 1 enactments
Rishi Kashyap @ Fanti & Ors.
The State of Bihar
ASHUTOSH KUMAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
