Md. Rizwan @ Md. Rizwan Alam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.9108 of 2020 Arising Out of PS. Case No.-10 Year-2019 Thana- ECONOMIC OFFENCES, BIHAR District- Patna ====================================================== MD. RIZWAN @ MD. RIZWAN ALAM Son of Md. Afaque Resident of Village - Malkana, P.O. - Masaurhi, P.S.- Masaurhi, Distt - Patna, presently working as staff of Shop No.- 222, Hari Niwas Complex, Dukbunglow Road, P.S.- Kotwali, Distt - Patna. ... ... Petitioner

Versus

1.

THE STATE OF BIHAR 2.

Economic Offences Unit, Bihar, Patna. Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Digvijay Narayan Singh For the Opposite Party/s :

Mr.Tarun Prasad Mandal For the E.O.U.

:

Mr. V.N.P. Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 14-09-2020 Due to COVID-19 Pandemic, the matter is being taken up by way of Virtual Court proceeding.

The matter has been listed under the heading 'For Orders' under the orders of Hon'ble the Chief Justice. Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending his arrest in Economic Offence P.S. Case No. 10 of 2019 registered under Sections 420, 467, 120(B) of the Indian Penal Code and 65, 66(C) and 66(D) of the I.T. Act, 2000.

The prosecution allegation, in short, is that in a raid conducted by the Police, the accused persons were found

Patna High Court CR. MISC. No.9108 of 2020(5) dt.14-09-2020 2/2 involved in cyber crime by changing the IMEI number of mobile.

It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner has falsely been implicated in the present case. The petitioner is alleged to be salesman of Shop No. 238. There is no recovery from the possession of the petitioner. The petitioner has been made accused due to mistake of fact.

Mr. V.N.P. Sinha, appearing on behalf of the E.O.U., submits that the petitioner is named in the F.I.R. The specific allegation is against the petitioner who was involved in tampering the IMEI number of the mobile phones. Considering the nature of allegation, I am not inclined to grant anticipatory bail to the petitioner. The prayer is rejected. If the petitioner surrenders in the Court below, the same shall be considered on its own merit without being prejudiced by this order.

(Sudhir Singh, J) Pankaj/- U T