Md. Barik Anwar @ Babloo v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.36646 of 2023 Arising Out of PS. Case No.-40 Year-2023 Thana- KASBA District- Purnia ====================================================== 1.

MD. BARIK ANWAR @ BABLOO S/O ABDUL SALAB R/O VillageMetra, P.S. Amaur, Dist. Purnea 2.

MD. MASRUL S/O MD. RASHID R/O Village- Metra, P.S. Amaur, Dist. Purnea ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Raj Kumar For the Opposite Party/s :

Mr.Uday Chand Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 07-07-2023 Learned counsel for the petitioners is permitted to remove defect (s), as pointed out by the office, if any, within a period of four weeks on resumption of physical mode. Heard learned counsel for the petitioners and learned A.P.P. for the State.

The petitioners have preferred this application for grant of regular bail in connection with Kasba P.S. Case No. 40 of 2023 dated 28.1.2023 registered for the offences punishable u/s 417, 419, 420, 465, 467, 468, 471, 472, 473, 474, 120(B) of the Indian Penal Code.

As per the prosecution case, the petitioners and the co-accused persons are alleged to have assembled near old

Patna High Court CR. MISC. No.36646 of 2023(2) dt.07-07-2023 2/3 Kabir Ashram for making preparation to commit cyber crime. They were apprehended and on search, one mobile phone, 2 ATM Cards, 5 Fingerprint of rubber stamps and Rs. 1500/- were recovered from Md. Masrul.

Learned counsel for the petitioners has submitted that the petitioners are innocent and has falsely been implicated in this case. There is general and omnibus allegation against the petitioners. Nothing incriminating material has been recovered from the conscious possession of the petitioners. Learned counsel has further submitted that some co-accused persons disclosed the name of the petitioners. The petitioners have got clean antecedent as stated in para 3 of the bail petition. The petitioners are in custody since 29.1.2023.

Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioners.

Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioners abovenamed, are directed to be enlarged on bail on furnishing bailbonds of Rs.20,000/- (Rupees Twenty Thousand) each with two sureties of the like amount each to the satisfaction of learned Court concerned, Purnea in connection with Kasba P.S. Case No. 40 of 2023.

Patna High Court CR. MISC. No.36646 of 2023(2) dt.07-07-2023 3/3 The application stands allowed.

(Chandra Prakash Singh, J) Ajay Singh/- U T