In this oral order, the Patna High Court granted anticipatory bail to the petitioner, a person with clean antecedents charged in a cyber fraud and cheating case. The court fixed a six-week period to surrender or face arrest. |
"Granted anticipatory bail upon surrender or arrest within six weeks by furnishing bail bonds of Rs. 25,000 with two sureties."
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.15499 of 2023
Arising Out of PS. Case No.-136 Year-2022 Thana- SHEIKHOPUR SARAI DistrictSheikhpura
======================================================
ARUN NONIYA SON OF CHAMARU NONIYA @ SHANKAR NONIYA R/O VILLAGE- PANCHI, POST OFFICE- PANHESA, P.S.- SHEKHOPUR SARAI, DISTRICT- SHEIKHPURA
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr. Bipin Kumar, Advocate For the Opposite Party/s : Mr. Md. Matloob Rab, APP ======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER
2 19-06-2023
Heard learned counsel for the petitioner and learned
A.P.P. for the State.
The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 419, 420, 467, 468, 471, 406, 120(B)/34 of the Indian Penal Code.
Learned counsel for the petitioner submits that the petitioner is a person with clean antecedent and the informant alleges that petitioner alongwith other accused persons are active member of a Cyber crime gang which is involved in alluring general public in the name of agency of Himalaya Company and also providing loans from Bajaj Finance, further as per seizure list huge number of mobile embedded with sim have been recovered. It is next alleged that huge amount of
Patna High Court CR. MISC. No.15499 of 2023(2) dt.19-06-2023 2/3
money was collected in different account thereafter, the same was withdrawn and was distributed among the gang members.
Learned counsel for the petitioner submits that the petitioner was not apprehended from the spot as such nothing was recovered from his conscious. It is next submitted that from perusal of FIR itself it would manifest that his name transpired in the confessional statement of apprehended co-accused, it is further submitted that similarly situated co-accused persons have been granted the privilege of anticipatory bail by order dated 16.05.2023 in Cr. Misc No. 7971 of 2023, order dated 19.05.2023 in Cr. Misc. No. 14529 of 2023, order dated 25.05.2023 in Cr. Misc. No. 14987 of 2023 and order dated 16.05.2023 in Cr. Misc. No. 2455 of 2023.
The learned counsel for the petitioner next submits that the petitioner is a person with clean antecedent and on parity also seeks anticipatory bail.
Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.
Considering the submissions made by the learned counsel for the petitioner, the petitioner above-named, in the event of his arrest or surrender before the learned trial court within a period of six weeks from today, be released on
Patna High Court CR. MISC. No.15499 of 2023(2) dt.19-06-2023 3/3
anticipatory bail on furnishing bail bonds of Rs. 25,000/(Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned trial court where the case is pending/successor court in connection with Sheikhopur Sarai P.S. Case No. 136 of 2022 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.
One of the bailor of the petitioner shall be his father Chamaru Noniya @ Shankar Noniya.
(Satyavrat Verma, J)
Adnan/-
U T
1 issue framed by the court
Whether anticipatory bail should be granted to the petitioner apprehending arrest in a cheque bounce and cyber fraud case.
1 provisions across 1 enactments
Arun Noniya
The State of Bihar
Satyavrat Verma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
