Patna High CourtCR. MISC./15178/2023dismissed

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

2023-06-22Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.15178 of 2023 Arising Out of PS. Case No.-593 Year-2021 Thana- MAJHAULIA District- West Champaran ====================================================== Md. Sajid @ Md. Sajid Alam Son Of Saheb Miyan @ Sahabuddin Miyan R/V- Gadhwa Bazar, Harpur, Ps- Majhauliya, Dist- West Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjeev Kumar For the Opposite Party/s :

Mr.Satya Nand Shukla ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 22-06-2023 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner is apprehending his arrest in a case registered for the offence punishable under Section 420, 379 of the Indian Penal Code and Section 67 of the IT Act. Allegation against the petitioner is of withdrawing the money from the account of the informant by committing fraud.

Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. He submits that no money was withdrawn by the petitioner from the account of the informant and during course of investigation, no evidence has come against the petitioner. He submits that occurrence took place on 08.09.2021 but FIR has been lodged on 26.10.2021 after delay of about 48 days. He

Patna High Court CR. MISC. No.15178 of 2023(3) dt.22-06-2023 2/2 further submits that petitioner has no criminal antecedent as stated in para-3 of this application.

Learned APP for the State opposes the prayer for bail and submits that the petitioner is also involved in the present case.

Considering the nature of offence, I am not inclined to enlarge the petitioner on bail. Accordingly, his prayer for anticipatory bail is rejected in connection with Majhauliya P.S. Case No. 593 of 2021.

However, if the petitioner surrenders before the learned court below within a period of six weeks from today and prays for regular bail, the same shall be considered by the learned court below on the same day without being prejudiced by this order.

(Anjani Kumar Sharan, J) devendra/- U T