Fahim Ahmad @ Faheem Ahmed v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.33966 of 2023 Arising Out of PS. Case No.-38 Year-2022 Thana- ECONOMIC OFFENCES, BIHAR District- Patna ====================================================== Fahim Ahmad @ Faheem Ahmed S/O Late Nasim Ahmad R/O VillageMubarakpur Near The House Of Dr. Mohseen, P.S.-Mubarakpur, DistrictAzamgarh (U.P.), At Present Flat No. 301,Second Floor, Arjun J.K. Tower, Dr. T.N. Banerjee Road, Chhaj Jubagh, P.S.-Kotwali, District-Patna ... ... Petitioner/s

Versus

1.

The State Of Bihar 2.

The Economic Offence Unit Through Its Superintendent Of Police Patna ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Birendra Kumar Singh For the Opposite Party/s :

Mr.Jitendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 28-08-2023 Heard learned counsel for the petitioner, learned counsel appearing on behalf of EOU and learned A.P.P appearing on behalf of the State.

The petitioner is languishing in custody in a case registered for the offences punishable under Sections 420, 467, 468, 471, 472, 120(B)/34 of the Indian Penal Code.

It is alleged against the petitioner that he runs an office namely "Admission Provider and he in connivance with the officials of Bihar Board of Open

Patna High Court CR. MISC. No.33966 of 2023(9) dt.28-08-2023 2/3 Schooling and Examination (BBOSE) enrolls the students and in place of genuine students, scholars are arranged to sit in the examination. The petitioner also used to manipulate the original documents and increase the marks by taking illegal gratification from the parents of the students. During raid, some objectionable documents and other materials supporting the case of the prosecution were seized.

It is submitted by learned counsel for the petitioner that petitioner is innocent and he has falsely been implicated in this case. The petitioner is not the owner of the office in question. Nothing has been recovered from the conscious possession of the petitioner. During the course of investigation, not a single beneficiary has come forward to say anything against the petitioner. The petitioner is languishing in custody since 04.12.2022. A statement has been made in para 3 of the petition that petitioner has no criminal antecedent. Moreover, co-accused Tarun Kumar has

Patna High Court CR. MISC. No.33966 of 2023(9) dt.28-08-2023 3/3 been granted bail vide order dated 08.05.2023 passed in Cr. Misc. No. 7620 of 2023.

Learned counsel appearing on behalf of the E.O.U and learned A.P.P appearing on behalf of the State have vehemently opposed the prayer for bail of the petitioner.

Considering the facts aforesaid and the period under custody, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousands) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, 1st Class, Patna in connection with Economic Offence (Patna) P.S. Case No. 38 of 2022. (Sunil Kumar Panwar, J) Shageer/- U T