Musharraf Ali v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.17720 of 2024 Arising Out of PS. Case No.-576 Year-2023 Thana- JOKIHAT District- Araria ====================================================== Musharraf Ali Son Of Salimuddin @ Md. Salimuddin Resident Of Village - Baluwa Kursail, Ward No.08, P.S. - Jokihat (MAHALGAON), District - Araria ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Vijay Kishore Bharti, Adv.

For the Opposite Party/s :

Mr. Raj Kishor Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 05-09-2024 Heard learned counsel for the petitioner and learned counsel for the State.

2. The petitioner apprehends his arrest in connection with Jokihat (Mahalgaon) P.S. Case No. 576 of 2023 registered under Sections 417, 419, 420, 465, 468, 471, 472, 473 and 474 of the Indian Penal Code.

3. As per prosecution case, it is alleged that petitioner was running Spice Money Centre and has fraudulently and dishonestly downloaded Aadhar Card Numbers and finger prints from the sale deeds of different landowners on rubber sheet and thereafter, illegally withdrawn money from the bank accounts of several people.

4. Submission of learned counsel for the petitioner is that

Patna High Court CR. MISC. No.17720 of 2024(4) dt.05-09-2024 2/3 petitioner is innocent and has falsely been implicated in the present case due to ulterior motive. Petitioner was running CSP(Customer Service Point) Centre in the name and style of Spice Money which is evident from the certificate seized by informant. It is further submitted none of the beneficiaries or customers has complained about any irregularities committed by this petitioner. By filing supplementary affidavit, learned counsel for the petitioner submits that the certificate in question which has been seized by informant was issued by Indusind Bank in the name of this petitioner for running CSP Centre. Petitioner claims clean antecedent.

5. Learned A.P.P. appearing on behalf of the State vehemently opposed the prayer for bail by contending that there is specific allegation against this petitioner that he was running the CSP Centre in the name and style of Spice Money has fraudulently and dishonestly downloaded Aadhar Card Numbers and finger prints from the sale deeds of different landowners on rubber sheet and illegally withdrawn money from the bank accounts of several people. Too incriminating articles have been recovered from the CSP Centre of the petitioner. Hence, he does not deserve the privilege of anticipatory bail.

6. Having considered the nature of accusation and the

Patna High Court CR. MISC. No.17720 of 2024(4) dt.05-09-2024 3/3 gravity of offence, this Court is not inclined to grant anticipatory bail to the petitioner. Accordingly, prayer for bail of the petitioner is rejected.

(Prabhat Kumar Singh, J) utkarsh/- U T