Sujit Paswan @ Sujit Pasman vs. The State Of Bihar

Held

The Court rejected the petitioner's prayer for bail. The Court noted that the FIR was initially lodged against unknown persons, but the petitioner's name surfaced during the investigation. A bank account in the petitioner's name at Ratnakar Bank Limited, Kolkata, was found to have received substantial credits and debits, including Rs. 10,000/- deposited by the informant. The investigation revealed that 16 complaints had been lodged against this bank account in different states, and 3 criminal cases were pending concerning it. The account had also been frozen by the investigating agency. The Court reasoned that the existence of the bank account in the petitioner's name, the transfer of funds by the informant into it, and the significant amount credited within a short period suggested the petitioner's involvement in the crime. Consequently, the Court was not inclined to grant bail.

Facts

The petitioner, Sujit Paswan, sought bail in connection with Buxar (Cyber) P.S. Case No. 05 of 2023, registered for offences including cheating and forgery under the Indian Penal Code and the Information Technology Act. The prosecution alleged that the informant was defrauded of Rs. 82,500/- through a share market investment scam involving calls from specific mobile numbers. During the investigation, the petitioner's name emerged as an account holder in Ratnakar Bank, Kolkata, under the trade name 'Sujit Traders'. The petitioner claimed innocence, stating his documents were misused by co-accused Jimmy Agrawal to open the account without his knowledge, and that he is a labourer in custody since June 17, 2023, with no prior criminal record.

Key Issues

1. Whether the petitioner is entitled to bail in connection with Buxar (Cyber) P.S. Case No. 05 of 2023, considering his alleged involvement in a cyber fraud scheme? The petitioner argued that he is innocent, his bank account was opened using his documents without his knowledge by another accused, and he is a labourer with no criminal antecedents. He submitted that he voluntarily appeared before the police and has been in custody since June 17, 2023. The Cyber Crime Security Unit (CCSU) contended that the petitioner's bank account in Ratnakar Bank, Kolkata, showed significant transactions, with Rs. 62,24,869/- credited and Rs. 79,76,279/- as lien amount. They argued that the petitioner was involved in the crime as a huge sum was credited to his account. The State also opposed the bail plea, citing the informant's cheating by the petitioner and others.