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2025 DAILYLAW 95481 (PAT)

Sunil Kumar Srivastava @ Sunil Kumar Shrivastava v. The State of Bihar

CR. MISC./60086/2025 · 2025-09-16

Chandra Prakash Singh

body2025

Judgment text

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.63963 of 2025 Arising Out of PS. Case No.-92 Year-2025 Thana- Cyber P.S. District- East Champaran ====================================================== Pankaj Kumar Pandey S/o Late Radha Krishna Pandey R/o Village- Ambika Nagar, P.S.- Banjaria, District- East Champaran at Motihari ... ... Petitioner/s Versus The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Sanjay Kumar For the Opposite Party/s : Mr.Vinod Shanker Modi ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 2 16-09-2025 Heard learned counsel for the petitioner and learned A.P.P for the State. 2. The petitioner has preferred this application for grant of regular bail in connection with Motihari Cyber P.S. Case No. 92/2025 dated 15.06.2025 registered for the offences punishable u/s 318(4), 319(2), 338, 336(3), 340(2), 303(2), 61(2), 317(5), 317(4) and 111 of the B.N.S., Section 66C and 66D of the I.T. Act and Section 25(1-B), 26 and 35 of the Arms Act. 3. As per the prosecution case, the police officials along with informant Rajeev Kumar Sinha, Inspector of police, Motihari Cyber P.S. raided the house of the holder of suspected mobile No. 9162687392 where he arrested the co-accused Patna High Court CR. MISC. No.63963 of 2025(2) dt.16-09-2025 2/4 Dipanshu Pandey and Pappu Kumar. The co-accused, Dipanshu Pandey admitted that the mobile number belongs to him and there is a complaint of Rs. 50,000/- online financial fraud on the above mobile number. Then the above mobile along with other items like laptop, mobile, Cheque, Passbook, RC card and ATM Card were recovered from both of them and both of them were further inquired by police, they disclosed that they used to receive defrauded money in their account on commission basis and recently, he has received the defrauded money of Rs. 80,00,000/-. Further, he also disclosed that Satyam Saurabh and Ayush Kumar are the mastermind who used to transfer the defrauded money through cyber fraud and RSN games. He has also disclosed that there are many other persons involved in this racket namely Sanjeev Kumar, Ansh, Rohit Kumar, Yash, Abhinesh Kumar, Sumit Saurabh, Raj Kishor Ram. He has also disclosed that, on the order of Ayush Kumar he has sent the money to Sumit Saurabh where other persons of the racket also used to deposit the money. Thereafter, police raided the room of the co-accused, Satyam Saurabh who fled away, on search, one cash counting machine, one country-made loaded revolver, 7 live cartridges, numerous mobile phones, ATM cards, cheque books, laptops, Rs. 7.5 lakhs, stamp of bank, diary, Thar vehicle Patna High Court CR. MISC. No.63963 of 2025(2) dt.16-09-2025 3/4 and other articles were recovered and from the room of Sunil Kumar, a mobile phone, Rs. 1,18,700/-, one desi loaded revolver, 6 live cartridges were recovered and from the bedroom of the co-accused, Sanjeev Kumar, three mobile phones and Rs. 3,58,300/- was recovered. 4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. Nothing has been recovered from the conscious possession of the petitioner. The petitioner has no concern with the alleged recovery. The petitioner is not named in the F.I.R. The name of the petitioner has sprung up in the course of investigation. The petitioner is a sepoy/constable in SSB. Learned counsel has further submitted that the pistol which was recovered from his possession has been purchased by him after obtaining license. The petitioner has clean antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 28.06.2025. 5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner. 6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner above- named, is directed to be enlarged on bail on furnishing bail-bond Patna High Court CR. MISC. No.63963 of 2025(2) dt.16-09-2025 4/4 of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, East Champaran, Motihari in connection with Motihari Cyber P.S. Case No. 92/2025. 7. The application stands allowed. atul/- (Chandra Prakash Singh, J) U T