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2025 DAILYLAW 97411 (PAT)

NItish Kumar @ Dipu v. The State of Bihar

CR. MISC./29172/2025 · 2025-06-23

Chandra Prakash Singh

body2025

Judgment text

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.29172 of 2025 Arising Out of PS. Case No.-14 Year-2025 Thana- SHEIKHOPUR SARAI District- Sheikhpura ====================================================== NItish Kumar @ Dipu S/o Mukesh Kumar Resident of vill-Panchi, PS- Shekhopur Sarai, Dist- Sheikhpura ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mrs. Kumari Anupam, Advocate For the Opposite Party/s : Mr. Ganesh Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 2 23-06-2025 Heard learned counsel for the petitioner and learned APP for the State. 2. The petitioner has preferred this application for grant of regular bail in connection with Shekhopur Sarai P.S. Case No. 14/2025 dated 24.01.2025 registered for the offence punishalbe u/s 316(2), 319(2), 318(4), 338, 336(3), 340(2), 61(2) read with Section 3(5) of the B.N.S. and Section 66C and 66D of the I.T. Act. 3. As per the prosecution case, the informant received an information that 10-12 persons were engaged in online cyber fraud activities using mobile phones from the premises of an old coaching center belonging to Ramavtar Munshi at Village, Panchi. At 06:20, the police team reached the coaching center Patna High Court CR. MISC. No.29172 of 2025(2) dt.23-06-2025 2/3 and a raid was conducted where the petitioner and the co- accused persons were apprehended. On search, multiple mobile phones of various brands along with active SIM cards of Airtel and Jio were recovered. Thereafter, the petitioner and the co- accused persons confessed that they used to lure innocent persons by sending fake advertisements of providing business loans through a fictitious finance company name LENOINGKart Finance Ltd. 4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. The petitioner has no concern with the alleged occurrence. Learned counsel has submitted that nothing was recovered from the possession of the petitioner. It is also submitted that similarly situated other co-accused persons has already been granted bail by this Court vide order dated 23.04.2025 passed in Cr. Misc. No. 18673 of 2025. The petitioner has no criminal antecedent as stated in para-3 of the bail petition. The petitioner is in custody since 25.01.2025. 5. Learned APP for the State has vehemently opposed the bail petition of the petitioner by submitting that the petitioner is involved in cyber crime along with other gang members and he cheats the innocent people in the name of Patna High Court CR. MISC. No.29172 of 2025(2) dt.23-06-2025 3/3 providing loan. 6. Considering the aforesaid facts and circumstances of the case as well as the petitioner above-named, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Sheikhpura in connection with Sheikhopur Sarai P.S. Case No. 14 of 2025 with the following conditions:- (i) The petitioner is directed to remain physically present before the learned Court below on each and every date, failing which on two consecutive dates without reasonable cause, the bail bond of the petitioner is liable to be cancelled. (ii) If the petitioner is found involved in similar nature of offence in future, the prosecution will be at liberty to move for cancellation of his bail bonds. 7. The application stands allowed. Sudhanshu/- (Chandra Prakash Singh, J) U T