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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.6888 of 2025 Arising Out of PS. Case No.-19 Year-2024 Thana- Cyber P.S. District- West Champaran ======================================================
1. Pradeep Kumar S/O Kabilas Ram Resident of Vill- Harijan Tola, P.S.- Nautan, Dist- West Champaran.
2. Sikendar Kumar @ Sikandar Kumar @ Sikan S/O Ramnarayan Mahto@ Ramayan Mahto R/O Village- Gosai Tola, P.S- Nautan, Distt.- West Champaran. ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Sanjeev Kumar, Advocate For the Opposite Party/s : Mr.Brajendra Nath Pandey, APP ======================================================
CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 2 21-03-2025
1. Heard learned counsel for the petitioners and learned APP for the State.
2. The petitioners apprehend their arrest in connection with Bettiah Cyber Police Station Case No. 19 of 2024 dated 25.06.2024 registered under Sections 467, 468, 471, 419, 420, 120(B) of the I.P.C. and Section 66(C), 66(D) of the I.T. Act,
2000.
3. The prosecution case in brief is that on 25.06.2024 at about 11.30 am, the informant received secret information that Sandeep Kumar Pal along with his associates used to commit cyber crime. They are engaged in illegal transaction of money in the accounts in different banks. When police party
Patna High Court CR. MISC. No.6888 of 2025(2) dt.21-03-2025 2/3 reached at the house of said Sandeep Kumar Pal, he tried to flee away but was caught and disclosed that he along with other accused persons including petitioners create fake bank account, UPI ID, Wallet ID and engaged in fake transaction through electronic media. It is alleged that mobile number and several passbooks and ATM cards were seized from his possession and on the basis of his disclosure, co-accused Vijay Kumar and Naveen Kumar were also caught.
4.
Learned counsel for the petitioner submits that the petitioners are innocent and have falsely been implicated in this case on the basis of confessional statement of the arrested co- accused Sandeep Kumar Pal. He further submits that the petitioners have not received any money from the said co- accused Sandeep Kumar Pal. He next submits that no incriminating article has been recovered from the possession of the petitioners.
5. I have heard learned counsel for the parties and perused the materials on record. The Police apprehended petitioners along with other accused persons with incriminating articles which appears to be used in cyber crime. The apprehended person has disclosed that they, including the petitioners, operate an organized gang for committing cyber
Patna High Court CR. MISC. No.6888 of 2025(2) dt.21-03-2025 3/3 crime. From perusal of seizure list, it appears that various Pass Books, ATM Cards have been recovered from accused persons. It further appears that petitioners along with other accused persons have formed a gang to defraud the innocent public and the phishing/cyber fraud is rampant in the area where the attackers try to trick individuals into providing user names, password and other details and are indulged in e-mail phishing, voice phishing, SMS phishing etc. The case is still under investigation, for which, custodial interrogation of the petitioners may be required, hence I am not inclined to grant the privilege of anticipatory bail to the petitioners. The same stands rejected.
6. However, if the petitioners surrender and file an application for grant of regular bail, the learned District Court may decide the same on its own merit without being prejudiced by the rejection of the present anticipatory bail application of the petitioners.
rinkee/- (Anil Kumar Sinha, J) U T