Afroz Alam v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.59663 of 2021 Arising Out of PS. Case No.-25 Year-2021 Thana- PARASBIGHA District- Jehanabad ====================================================== Afroz Alam Son Of Sheikh Jamil Ahmad Resident Of Village - Bhogari, Police Station - Majhaulia, District - West Champaran . ... Petitioner
Versus
The State Of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioner/s : Mr.NK Agrawal, Sr. Advocate Mr. M.Alam, Mr.P.Kumar & Mr. Kr.Rajdeep,Advocates For the Opposite Party/s : Mr. Addl Public Prosecutor ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 15-09-2022 Heard the learned counsel for the petitioner, the State and the informant.
The petitioner seeks pre-arrest bail in connection with Parasbigha P.S. Case No. 25/2021, registered for the offence punishable under Sections 419, 420, 465, 468, 467, 471, 120(B) of the Indian Penal Code and Section 66(c) of the I.T. Act. Informant is the Branch Manager, State Bank of India, Pinjaur Branch. He has alleged that co-accused Gulshan Kumar, had opened an account in which certain amount had been transferred whereupon, the Bank was informed by the Federal Bank that the said amount has been transferred illegally, hence the same be returned back. It is further alleged that after investigation and inquiry being made from the said co-accused person, namely, Gulshan Kumar, it was unearthed that the ID and password of the said account had been given by the said co-
Patna High Court CR. MISC. No.59663 of 2021(5) dt.15-09-2022 2/3 accused Gulshan Kumar to one other co-accused person, namely, Niranjan Kumar, who was in fact operating the said account. It is also alleged that various amounts on various dates were transferred to the said account in question and the same were being illegally transferred from one account to another. It has also been alleged that same type of illegal transactions were also being done by the other accused persons including the petitioner herein.
It is submitted on behalf of the petitioner that the petitioner is innocent and has falsely been implicated in the present case on the basis of confessional statement of coaccused Vishwam Raj @ Bittu Bharadwaj. The only material that has come against the petitioner is that he instigated other accused persons to open bank accounts and he used to transfer the money from the accounts of other accused persons to unknown beneficiaries and the said illegal money was used in purchasing car, motorcycle and scooty. Furthermore, petitioner is a student of graduation and no money has ever been transferred or credited in the account of the petitioner from the account numbers in question. Petitioner claims clean antecedent. Learned counsel appearing for the State and the informant oppose the prayer for bail.
Patna High Court CR. MISC. No.59663 of 2021(5) dt.15-09-2022 3/3 Considering the aforesaid facts of the case, prayer for bail of the petitioner is allowed. In the event of arrest/surrender within six weeks from today, let the petitioner mentioned above 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 the Chief Judicial Magistrate, Jehanabad in Parasbigha Police Station Case No. 25 of 2021, subject to the conditions laid down under section 438(2) of the Code of Criminal Procedure.
(Prabhat Kumar Singh, J) Shashi U T