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

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.38011 of 2023 Arising Out of PS. Case No.-46 Year-2023 Thana- MEDNI CHAUKI District- Lakhisarai ====================================================== MD. ASLAM ALAM @ MD. ASLAM SON OF MD. MEHDI @ MD. MEHDI HASAN MANGANJ BAZAR, JADIYA, DISTRICT- SUPAUL ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjiv Kumar For the Opposite Party/s :

Mr.Shantanu Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 24-08-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case instituted for the offence under Section 420 of the Indian Penal Code and Section 66 (C)(D) of the I.T. Act.

3. As per prosecution case, the co-accused Rahul, who was said to have an employee of the Electricity Department, Head Office, Patna had called the complainant mobile. The allegation against the petitioner along with others is of cheating the complainant by sending him a fake link and thereby misappropriated the alleged amount of Rs. 56, 700/- from the account of the complainant.

4. It is submitted by learned counsel for the petitioner

Patna High Court CR. MISC. No.38011 of 2023(3) dt.24-08-2023 2/3 that petitioner has been falsely implicated in this case. He has committed no offence. He submitted that on 18.11.2022, the alleged amount has been debited/ withdrawn from the account of complainant (P.N.B., Lakhisarai) bearing No. 7842000100000635 in three times such as Rs. 50,000/- and the same had not been credited in the account of the petitioner in such manner, which is evident from the bare perusal of the Bank Statement of account bearing No. 32628848611, which belongs to the petitioner and the petitioner has been dragged in this case on the basis of suspicion. During course of investigation, nothing has come against the petitioner and no evidence has been found, which shows the involvement of the petitioner in the alleged occurrence. He is languishing in judicial custody since 29.03.2023.

5. The application for bail is opposed by learned APP for the State.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as period of custody, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the

Patna High Court CR. MISC. No.38011 of 2023(3) dt.24-08-2023 3/3 satisfaction of the learned Court below in connection with Medni Chauki P.S. Case No. 46 of 2023.

(Sunil Kumar Panwar, J) arish/- U