Amirul Haque @Amirullah @ Md. Amirullah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.15340 of 2024 Arising Out of PS. Case No.-593 Year-2021 Thana- MAJHAULIA District- West Champaran ====================================================== Amirul Haque @ Amirullah @ Md. Amirullah, aged about 20 years, Son of Shekh Hamauddin @ Shekh Nathu, Resident of Village- Gadhwa, P.S.- Majhauliya, District- West Champaran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Bimlesh Kumar Pandey, Advocate For the Opposite Party/s :

Mr. Chandra Sen Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 18-03-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Majhauliya PS Case No. 593 of 2021 instituted for the offences punishable under Sections 379, 420 of the Indian Penal Code and Section 67 of the I.T. Act.

3. As per the prosecution case, the petitioner in connivance with other accused persons is alleged to have been indulged in hatching conspiracy to cheat the informant and withdraw money from his account by ATM.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence and has falsely been implicated in this case merely on the basis of

Patna High Court CR. MISC. No.15340 of 2024(2) dt.18-03-2024 2/3 ulterior motive. He further submits that neither the petitioner has committed any cheating or fraud nor there is any chit of paper or any proof to show any transaction from petitioner's account. Petitioner has been made accused on the basis of confessional statement of co-accused Sajid. Petitioner has got no criminal antecedent as stated in para 3 of the petition and is in custody since 29.11.2023.

5. Learned APP opposes the prayer for bail.

6. From perusal of the FIR and the impugned order of the learned Additional District and Sessions Judge-III, West Champaran at Bettiah dated 16.01.2024, it appears that petitioner is named in the FIR and his name transpired in this case on the basis of confessional statement of co-accused Sajid. During course of investigation, no any documentary proof has come against the petitioner in respect of chearing or withdrawing money from the account of the informant. Similarly situated co-accused namely Md. Sajid @ Md. Sajid Alam @ Md. Shajid @ Sajid Alam has been granted bail by a co-ordinate Bench of this Court in Cr. Misc. No. 72296 of 2023 vide order dated 18.12.2023, accordingly the prayer for bail of the petitioner is allowed. Let the petitioner above named be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten

Patna High Court CR. MISC. No.15340 of 2024(2) dt.18-03-2024 3/3 Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Bettiah West Champaran in connection with Majhauliya PS Case No. 593 of 2021.

(Ramesh Chand Malviya, J) Anand Kr.

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