Md. Firoz Alam v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.10320 of 2025 Arising Out of PS. Case No.-390 Year-2024 Thana- KHAJANCHI HAT District- Purnia ====================================================== Md. Firoz Alam S/O Late Md. Anwar Resident of Near New Masjid, Sipahi Tola, P.S.- Madhubani, Dist.- Purnia ... ... Petitioner/s
Versus
The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Kumar Praveen For the Opposite Party/s :
Mr.Ramchandra Sahni ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 13-02-2025
1. Heard the parties.
2. The petitioner apprehends his arrest in connection with K. Hat P.S. Case No. 390 of 2024 dated 07.08.2024 registered under Sections 409, 420 / 34 of the I.P.C.
3. As per the prosecution case the petitioner along with the co-accused persons created a fake account in the name of Mrs. Sikha Modak on the basis of forged and fabricated Aadhaar Card, PAN Card, Mobile No. etc. and drew a sum of Rs. 11,74,361/- in connivance with each other, as such, the allegation is that they defalcated government money to the aforesaid extent.
4. Learned counsel for the petitioner submits that the petitioner at the relevant point of time in the year 2022 was working as Data Entry Operator on daily wage in the Post
Patna High Court CR. MISC. No.10320 of 2025(2) dt.13-02-2025 2/3 Office and has been made accused on the basis of the fact that entries were made in the CBS system software "Finnacle". The petitioner was not having any Password and / or employee code in order to access the system. The Sub Postmaster and Postal Assistant (co-accused persons) have been granted anticipatory bail on the ground that defalcated amount / money withdrawn has been deposited in the correct account. The petitioner is ready to co-operate with the investigation. The co-accused Sub Postmaster and Postal Assistant have been granted anticipatory bail by this Court in Cr. Misc. Nos. 77308 of 2024 & 78756 of 2024 respectively.
5. Regard being had to the submission made by the parties, taking into consideration the fact that the co-accused persons have been granted anticipatory bail by this court and the allegation against the petitioner is based upon electronic evidence for which custodial interrogation may not be necessary, I am inclined to grant anticipatory bail to the petitioner subject to the condition that the petitioner shall fully co-operate with the Police during the course of investigation.
6. Let the petitioner, above named, be released on anticipatory bail in the event of arrest or surrender before the court below within a period of four weeks from today on
Patna High Court CR. MISC. No.10320 of 2025(2) dt.13-02-2025 3/3 furnishing bail bond of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of C.J.M., Purnia in connection with K. Hat P.S. Case No. 390 of 2024 subject to the condition as laid down under Section 438 (2) of the Cr.P.C.
(Anil Kumar Sinha, J) praful/- U T