Dilwar @ Wasim @ Wasik @ Wasim Alam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.10966 of 2024 Arising Out of PS. Case No.-135 Year-2023 Thana- AMAUR District- Purnia ====================================================== Dilwar @ Wasim @ Wasik @ Wasim Alam Son of Gultan @ Md. Nasir Alam @ Najir @ Nateer R/o vill - Chhaparaily, P.s. - Amour, Dist. - Purnea ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Pawan Kumar Singh For the Opposite Party/s :

Mr.Rabindra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 22-02-2024 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has filed the instant application for grant of regular bail in a case registered for the offences punishable under Sections 417, 419, 420, 465, 467, 468, 471, 472, 473, 474, 120(B)/34 of the Indian Penal Code. As per prosecution case, the petitioner and the other co-accused persons along with 4-5 unknown miscreants are alleged to have induldged in cyber crime by downloading the Kewalas (sale deed) and getting Aadhar and fingerprints of people and making duplicate fingerprint and they withdrew money fraudulently. On information, police

Patna High Court CR. MISC. No.10966 of 2024(2) dt.22-02-2024 2/3 raided and apprehended co-accused Sarwan Kumar Rai. On search, one laptop, mobile and other incriminating articles have been recovered from his room and at the instance of accused persons, other incriminating articles have also been recovered from the possession of co-accused persons. It is submitted by learned counsel for the petitioner that the petitioner is innocent and he has falsely been implicated in the present case. The name of petitioner transpired in this case on the basis of confessional statement of co-accused Sarwan Kumar Ray. Nothing incriminating has been recovered from the possession of the petitioner. Moreover, the petitioner is languishing in judicial custody since 15.10.2023.

A statement has been made in para 3 of the petition that petitioner has no criminal antecedent. Similarly situated co-accused, namely, Sarwan Kumar Rai @ Sarwan Kumar Ray and Dilip Vishwas @ Dilip Kumar Bishwas have been granted bail vide order dated 31.08.2023 and 19.02.2024 passed in Cr. Misc. 55193 of 2023 and 7818 of 2024 respectively by the co-ordinate Bench of this Court.

Patna High Court CR. MISC. No.10966 of 2024(2) dt.22-02-2024 3/3 Learned APP appearing for the State has vehemently opposed the prayer for Bail.

Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case as well as period of custody, this Court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail in connection with Amour P.S. Case No. 135 of 2023 on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate 1st Class, Purnea.

(Sunil Kumar Panwar, J) Nirajkrs/- U T