Allowed¶20

Sanuj Kumar v. the State of Bihar

Patna HC1 Apr 2024CR. MISC./21818/2024

Case brief

AI extract

What is this about?

Patna High Court Criminal Miscellaneous No. 21818 of 2024, decided 01-04-2024 by Justice Rudra Prakash Mishra. Bail granted to Sanuj Kumar in Giriak P.S. Case No. 567 of 2023 (Nalanda) under Sections 419, 420, 467, 468, 471, 120(B) IPC and Section 66D IT Act — online loan/cheating fraud allegation, recovery of two mobile phones, four ATM cards, cheque book, Aadhaar Card, Pan Card and Rs. 33,500/- cash; custody since 31-12-2023; Section 100 Cr.P.C. compliance raised; charge sheet filed; bail bonds Rs. 10,000 with two like sureties.

What did the court decide?

Petitioner released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the Court below/concerned Court in connection with Giriak P.S. Case No. 567 of 2023. ¶20

Sanuj Kumar Vs the State of Bihar — Cheating and Forgery | Patna HC (2024)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the petitioner should be granted bail in connection with Giriak P.S. Case No. 567 of 2023, instituted for offences under Sections 419, 420, 467, 468, 471, 120(B) IPC and Section 66D of the IT Act.

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Court's answer

Bail granted: considering the facts and circumstances, period of custody of the petitioner, his clean antecedent and the charge sheet having been submitted, the Court was inclined to grant bail.

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Ratio / Principle

Petitioner to be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand).

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Key takeaways

Bail conditioned on two sureties of the like amount each, to the satisfaction of the Court below/concerned Court in connection with Giriak P.S. Case No. 567 of 2023.ratio¶22

Detailed headnote1 paragraphs

Bail granted — Patna High Court, Criminal Miscellaneous No. 21818 of 2024 (order dated 01-04-2024, Rudra Prakash Mishra, J.): Petitioner sought bail in Giriak P.S. Case No. 567 of 2023, District Nalanda, instituted for offences under Sections 419, 420, 467, 468, 471, 120(B) IPC and Section 66D of the IT Act. Prosecution alleged interception of the petitioner who was found in possession of two mobile phones, four ATM cards, one cheque book, Aadhaar Card, Pan Card and cash of Rs. 33,500/-, and who disclosed cheating people in the name of providing loans using fake mobiles and accounts. Petitioner in custody since 31-12-2023; counsel pleaded false implication, planting of the mobile phones, non-compliance with Section 100 Cr.P.C., and submission of charge sheet. Considering period of custody, clean antecedent and submission of charge sheet, the Court granted bail on bonds of Rs. 10,000/- with two sureties of the like amount each (paras 7-8 of order).

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.21818 of 2024

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Arising Out of PS. Case No.-567 Year-2023 Thana- GRIYAK District- Nalanda

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

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Sanuj Kumar S/O Sri Krishna Singh @ Krishna Prasad R/O Village- Barandi, P.S- Katri Sarai, Distt.- Nalanda.

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... ... Petitioner/S

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Versus

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The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Saroj Kumar Choudhary, Advocate For the State : Mr. Bharat Lal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA

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ORAL ORDER

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2 01-04-2024

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Heard learned counsel for the petitioner and learned APP

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for the State.

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2. The petitioner seeks bail in connection with Giriak P.S. Case No. 567 of 2023 instituted for the offence under Sections 419, 420, 467, 468, 471, 120(B) of the Indian Penal Code and Section 66D of the IT Act.

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3. As per the prosecution case, police party on secret informant intercepted the petitioner with motorcycle and on search, two mobile phones, four ATM cards, one cheque book, Aadhaar Card, Pan Card, cash to the tune of Rs. 33,500/- were

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Patna High Court CR. MISC. No.21818 of 2024(2) dt.01-04-2024 2/3

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recovered from his possession. On interrogation, he disclosed that in the name of providing loan, he cheats the innocent people by using fake mobile and account.

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4. It has been submitted on behalf of the petitioner that the petitioner is in custody since 31-12-2023. Petitioner is stated to be man of clean antecedent.

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5. It has been further submitted by the petitioner’s counsel that petitioner has been falsely implicated in the present case. It is submitted that mobile phones does not belong to the petitioner and the same is planted. It is submitted that ATM Card, Pan Card, Aadhaar Card and cheque book belongs to the petitioner. It is submitted that there is no compliance of Section 100 of the Cr.P.C. It is lastly submitted that charge sheet is submitted in this case.

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6. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.

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7. Considering the aforesaid facts and circumstances of the case, period of custody of the petitioner, clean antecedent of the petitioner and charge sheet being submitted, this Court is inclined to grant bail to the petitioner.

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8. Let the petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with

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Patna High Court CR. MISC. No.21818 of 2024(2) dt.01-04-2024 3/3

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two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Giriak P.S. Case No. 567 of 2023.

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(Rudra Prakash Mishra, J)

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Raj kishore/- U T

Sanuj Kumar v. the State of Bihar

Case brief

What is this about?

What did the court decide?

Sanuj Kumar v. the State of Bihar

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

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Parties & counsel

Coram

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