Banty Kumar v. State of Bihar

Kashish SaxenaCase Summary

Bail application in a case of cheating and fraud involving fake loan apps and SIM cards

Banty Kumar v. State of Bihar
In the High Court of Patna
Crl. Misc. 62117/2023
Before Justice Anjani Kumar Sharan
Decided on October 18, 2023

Relevancy of the case: Bail application in a case of cheating and fraud involving fake loan apps and SIM cards

Statutes and Provisions Involved

  • The Information Technology Act, 2000 (Section 66, 66B, 66C, 66D)
  • The Indian Penal Code, 1860 (Section 417, 418, 419, 420, 465, 446, 467, 468, 472, 120B)

Relevant Facts of the Case

  • The petitioners cheated people using names like Dhoni Finance, Bajaj Finance, etc. They also used fake SIM cards to earn money fraudulently.
  • The police recovered ₹1.35 lakhs in cash, 4 mobile phones, 7 sim cards, and 12 ATM cards from multiple persons who named the petitioners their associates in the crime.

     Prominent Arguments by the Advocates

  • The petitioners’ counsel argued that the petitioners are taxi drivers based in Delhi. They have no connection to the crime. Hence, they are entirely innocent. The police implicated them due to an ulterior motive.
  • The respondent’s counsel argued that one of the accused caught with the material revealed the name of the petitioners and opposed the bail application.

Opinion of the Bench

  • The court relied on the facts and circumstances of the case to not regard the application favourably and advised the petitioners to submit to the court within six weeks and seek regular bail.

Final Decision

  • The court rejected the anticipatory bail application.