Md. Shahabuddin @ Sharuk @ Md. Shabuddin Arif v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.19083 of 2025 Arising Out of PS. Case No.-78 Year-2024 Thana- Cyber P.S. District- Nalanda ====================================================== Md. Shahabuddin @ Sharuk @ Md. Shabuddin Arif S/o Md. Alim R/o Vill.- Bhaisasur, P.S.- Laheri, District- Nalanda ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Hansraj, Adv For the Opposite Party/s :
Mr.Amitesh Kumar, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA ORAL ORDER 21-05-2025 Heard learned counsel for the petitioner and learned counsel for the State.
2. The petitioner makes a prayer for grant of regular bail in connection with Cyber P.S.Case No. 78 of 2024 registered under sections 319, 318, 336(3), 338, 339, 344, 351, 61 of BNSS and section 66 (B) (C) (D) of the Information technology Act.
3. As per the prosecution case, one Saurav Kumar had asked the informant to open ten accounts and in view of the same, he was to be given Rs. 30,000/-. It was also stated that some gaming money would be coming to his account and the phone number of a friend namely, Karan was also given. It is alleged that thereafter, he got the adhar and the address changed and eight out of ten accounts, was opened on- line. It is further
Patna High Court CR. MISC. No.19083 of 2025(3) dt.21-05-2025 2/3 stated that the family members of the informant came to know of the said fact, he asked Saurav to close the account whereupon the said Saurav started demanding money and even threatening the informant.
4. Learned counsel for the petitioner submits that the bare perusal of the FIR itself, would go to show that the petitioner is not named in the FIR and during the course of investigation, he was arrested and his confessional statement was recorded by the police. It would be clear from the FIR itself, that the thrust of the allegation is against co-accused Saurav Kumar and the material which was collected during the investigation against the petitioner is only to the effect that he has admitted in his confessional statement that he had given allurement to Md. Mobbassir that in case, he wants money, he would have to arrange fake sim and some bank accounts and had also stated that he would be given some money in lieu of the same.
However, it would appear from the materials collected during the investigation, that no recovery as such has been made from the present petitioner except a mobile phone . The fact that any money had been transferred to the account of this petitioner has not been substantiated during the course of investigation.
Patna High Court CR. MISC. No.19083 of 2025(3) dt.21-05-2025 3/3 03.09.2024. The petitioner has no criminal antecedent. 5.The learned counsel for the petitioner has also brought to the notice of the court as Annexure-2 that co-accused Md. Mobbassir has already been granted bail vide order dated 10.02 2025 passed in Cr. Misc. No. 85002 of 2024. It has also been pointed out that one Prabhat Kumar has also been granted regular bail vide order dated 10.02. 2025, passed in Cr. Misc. No.82848.
6. Considering the facts and circumstances, let the petitioner be enlarged on bail on furnishing bail bond of Rs. 10,000 (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Nalanda, Biharsharif in connection with Cyber P.S.Case No. 78 of 2024, subject to the condition that the petitioner shall cooperate in the investigation/ trial and shall appear on each and every date fixed at the trial. In case of default in such appearance on two consecutive dates, the trial Court will have liberty to cancel the bail bonds of the petitioner. (Soni Shrivastava, J) N.K/- U T