Patna High CourtCR. MISC./4193/2021bail rejected

Chhotu Shohrab Alam v. The State Of Bihar

2022-01-31Mr. Justice Ashutosh Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.4193 of 2021 Arising Out of PS. Case No.-225 Year-2020 Thana- SULTANGANJ District- Patna ====================================================== CHHOTU SHOHRAB ALAM S/o Shalauddin @ Md. Shalauddin R/o Village- Maira, P.S- Katrisarai, District- Nalanda ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sudish Kumar For the Opposite Party/s :

Mr. APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 31-01-2022 Heard the learned counsel for the petitioner and the learned APP for the State.

The petitioner seeks bail in anticipation of his arrest in connection with Sultanganj P.S. Case No. 225 of 2020 instituted for the offences under Sections 420, 406, 467, 468 and 34 of the Indian Penal Code and Section 66 of the I.T. Act.

One Mahtab Alam was arrested with several A.T.M. Cards and approximately Rs. 99,000/- was also recovered from his possession. He was trying to take out money from the A.T.M. located at Shahganj Road. On his arrest, he has named the petitioner as one of his associates and has further

Patna High Court CR. MISC. No.4193 of 2021(3) dt.31-01-2022 2/2 stated that it was the petitioner who provided him with the pin code of the account holders whereafter the money was taken out and the petitioner gave 20% of cash of such amount withdrawn to him.

Though the accusation against the petitioner is solely based on confession of an arrested accused person and the petitioner does not have criminal antecedents, but in view of the aforesaid accusation against him, I am not inclined to grant anticipatory bail to him the prayer for anticipatory bail is rejected. However, if the petitioner surrenders before the court below and seeks bail, his application shall be considered on its own merits taking into account the grounds noted above and an order shall be passed order in accordance with law, without being prejudiced by the fact that the present petition on his behalf has not been entertained.

(Ashutosh Kumar, J) sunilkumar/- U T