Case Law Details
Akash Sinha Vs State of Jharkhand (Jharkhand High Court)
The Jharkhand High Court in Akash Sinha Vs State of Jharkhand considered an anticipatory bail application in a cyber fraud case involving alleged impersonation of a GST officer. The case arose from allegations that a co-accused impersonated a GST customs officer and induced the informant to transfer ₹1,27,000 in connection with a purported vehicle auction. The amount was credited to the petitioner’s bank account, allegedly provided to the co-accused on humanitarian grounds. The petitioner contended that he had no criminal antecedents and was willing to return the amount, stating that he had already approached the informant for refund but was asked to pay more.
The State opposed the plea, citing that the amount was transferred to the petitioner’s account as per instructions of another accused. Considering the absence of criminal history, the petitioner’s willingness to refund the amount, and the circumstances of account usage, the Court directed the petitioner to surrender before the trial court within two weeks. It further ordered that upon surrender, the petitioner be released on bail subject to terms and conditions as deemed appropriate by the trial court.
FULL TEXT OF THE JUDGMENT/ORDER OF JHARKHAND HIGH COURT
Heard learned counsel for the petitioner and learned counsel for the State.
2. The petitioner is apprehending his arrest in connection with Ranchi Cyber Crime P.S. Case No. 174 of 2025, registered under sections 318 (4)/319(2)/336(3)/338 of BNS, 2023 and under sections 66(C), 66 (D) of I.T. Act, pending in the Court of learned Additional Judicial Commissioner-II, Ranchi.
3. Learned counsel for the petitioner submits that allegations are there against one Ritesh Kumar who has impersonated himself as GST Custom Officer upon the informant and informed about the auction of Fortuner Car amounting to Rs. 12,70,000/- and further asked the informant to make payment of Rs. 1,27,000/-. He next submits that Anup Kumar is neighbour of this petitioner who has provided the account details of this petitioner in which the said amount has been transferred. He next submits that on humanitarian ground the petitioner has provided the account number in which Rs. 1,27,000/- has been credited in the account of the petitioner. He next submits that the petitioner is ready to hand over the said amount to the informant. According to him petitioner has approached the informant to refund the money but the informant has demanded more money. He next submits that petitioner has got no criminal antecedent which is disclosed in para 14 of the petition. On these grounds, he submits that the petitioner may kindly be provided privilege of anticipatory bail.
4. Learned counsel for the State opposes the prayer and submits that amount has been credited in the account of this petitioner pursuant to direction of one Anup Kumar.
5. Considering that petitioner has got no criminal antecedent which is disclosed in para 14 of the petition and on humanitarian ground the petitioner has provided the account number to one Anup Kumar and pursuant to his direction amount of Rs. 1,27,000/- has been credited in the account of the petitioner. It has been pointed out that petitioner is ready to hand over the said amount to the informant and petitioner has approached the informant to refund the money but the informant has demanded more money.
6. In the attending facts and circumstance of the case, the petitioner is directed to surrender before the learned court within two weeks from today and the learned court shall release the petitioner on terms and conditions and sureties as learned court deems fit and proper.
7. This anticipatory bail application is disposed of.
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