Md. Kalimullah Ansari @ Md. Kalimullah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.8080 of 2023 Arising Out of PS. Case No.-284 Year-2022 Thana- BETTIAH CITY District- West Champaran ====================================================== Md. Kalimullah Ansari @ Md. Kalimullah Son Of Mumtaz Ansari Resident Of Jaukatiya, Ward No.-13, P.S.- Majhauliya, District- West Champaran ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Aryan Sinha For the Opposite Party/s :

Mr. Shahabuddin Azeem @ S. Azeem ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 05-07-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 420, 504, 506 of the Indian Penal Code.

The prosecution case as per F.I.R is that the informant runs Common Service Center of State Bank of India. It is alleged against the petitioner that he came at the Centre of the informant and told that he is agent of L & T Finance Company and requested the informant to transfer the money related to the EMI of the customers of said finance company in his account as he has to pay 2 percent of TDS on every transaction and in return, the petitioner offered the informant to pay 1 percent of total encashed amount. According, the informant withdrawn Rs.

Patna High Court CR. MISC. No.8080 of 2023(3) dt.05-07-2023 2/3 7,89,500/- within three days by using the PAN card of the informant. It is further alleged that when the informant denied to withdraw any further amount, the petitioner threatened him of dire consequences by using different mobile numbers. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case. It is also submitted vide para 9 of the petition that the petitioner is regular customer in cyber cafe of the informant, who introduced himself as an Agent of L & T Finance company and gave his PAN card for proof of his identity but the informant misused his PAN Card for illegal means. The petitioner has no knowledge about the illegal money transactions and the same does not belong to him, whereas the informant had made him an accused in the instance case with mala-fide intention. It is further submitted that the petitioner is a student and he is languishing in judicial custody since 21.10.2022.

Learned APP appearing for the state has opposed the prayer of regular bail.

Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody of the petitioner, this court is inclined to enlarge the

Patna High Court CR. MISC. No.8080 of 2023(3) dt.05-07-2023 3/3 petitioner on bail. The above named petitioner is directed to be released on bail in connection with Nagar Bettiah P.S. Case No. 284 of 2022 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Bettiah. (Sunil Kumar Panwar, J) Amandeep/- U T