Md. Sadre Alam v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.11990 of 2025 Arising Out of PS. Case No.-62 Year-2024 Thana- Cyber P.S. District- Aurangabad ====================================================== Md. Sadre Alam Son of Md. Anul Ansari R/o-Village- Kalahajor, Ghargharjori, PS- Deoghar, District- Deoghar (Jharkhand) ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Krishna Prasad Singh, Sr. Adv.
Mr. Bhaskar Shankar, Adv.
Mrs. Archana Singh, Adv.
For the Opposite Party/s :
Mr. Jitendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 13-05-2025 Heard Mr. Krishna Prasad Singh, learned Sr. Counsel for the petitioner duly assisted by Mrs. Archana Singh as also Mr. Jitendra Kumar Singh, learned APP.
2. The petitioner apprehends his arrest in connection with Cyber P.S. Case No. 62 of 2024 for the offence registered under sections 318(4), 319(2) of B.N.S. and Section 66(D) of I.T. Act lodged on 18.07.2024 by the informant, Bittu Kumar.
3. As per the prosecution story, the informant alleged that there is a Vaishali Pharmaceutical Shop near Sadar Hospital, Aurangabad having current account in the Bank of India freezed since 2024. Later, it came to notice that some illegal deposit has been made in the account by Md. Kaif. Accordingly, the FIR.
4. Later, during the investigation, Md. Kaif was picked
Patna High Court CR. MISC. No.11990 of 2025(3) dt.13-05-2025 2/3 up and he named Md. Guljar. Once he was arrested, he named this petitioner, this way the role has come in the present petition.
5. Learned Sr. Counsel for the petitioner submits that he has no role to play, the main allegation is against Md. Kaif, even after he was arrested, he did not name the petitioner rather one Gulzar was named who has named him, the petitioner do not have criminal antecedent and if granted relief, shall be cooperating in the investigation, appearing in the trial.
6. Learned APP for the State, on the other hand, opposes the prayer for anticipatory bail submitting that the second accused has named him.
7. Taking into account the aforesaid facts as also that the petitioner is not named in the FIR rather implication has come in the name of the accused persons, has no criminal antecedent, an undertaking has been given that he shall be diligently appearing in trial, in that background, this Court is inclined to grant him the anticipatory bail with conditions.
8. Let the petitioner in the event of arrest or surrender within a period of four weeks from the date of receipt of the order, shall be released on anticipatory bail on furnishing bail of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned C.J.M., Aurangabad in connection with Cyber P.S. Case No. 62 of 2024 subject to
Patna High Court CR. MISC. No.11990 of 2025(3) dt.13-05-2025 3/3 condition as laid down under Section 438(2) of the Cr.P.C. (i) one of the bailor should be the family members/relatives of the petitioner, who shall provide official document to show his bona fide;
(ii) the petitioner shall appear on each and every date before the Trial court and failure to do so for two consecutive dates without plausible reason will entail cancellation of his bail bond by the Trial court itself;
(iii) the petitioner shall appear before the concerned police station every fortnight for next six months to mark attendance;
(iv) the petitioner shall in no way try to induce or promise or threat the witnesses or tamper with the evidences, failing which the State shall be at liberty to take steps for cancellation of the bail bonds;
(v) the petitioner shall desist from committing any criminal offence again failing which the State shall be at liberty to take steps for cancellation of the bail bonds. (Rajiv Roy, J) Vijay Singh/- U T