Patna High CourtCR. MISC./55568/2023bail granted

Md Zafar Iqubal @ Md Zafar Iqbal v. The State Of Bihar

2023-08-25Mr. Justice Partha Sarthy2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.55568 of 2023 Arising Out of PS. Case No.-435 Year-2021 Thana- MOTIHARI TOWN District- East Champaran ====================================================== MD ZAFAR IQUBAL @ MD ZAFAR IQBAL S/O - MD. AMIRUDDIN RESIDENT OF VILLAGE - ANSAR COLONY, KOLHUA PAIGAMBERPUR, PS AHIYAPUR, DISTRICT MUZAFFARPUR ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ranjeet Kumar, Advocate For the Opposite Party/s :

Ms. Madhuri Lata, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 25-08-2023

1. Heard learned counsel for the parties.

2. The petitioner has renewed his prayer for bail in connection with Motihari Town P.S. Case no.435 of 2021 registered under sections 420 and 379 of the Indian Penal Code and section 66D of the I.T. Act.

3. As per the prosecution case, it is stated by the informant that Rs.9.10 lacs was illegally withdrawn from her account through N.E.F.T.

4. Learned counsel for the petitioner submits that the earlier prayer for bail of the petitioner was rejected vide order 16.1.2023 (Annexure-1) passed in Cr. Misc. no.26396 of 2022. Neither the petitioner has been named in the F.I.R. nor any incriminating material has been recovered from his possession.

Patna High Court CR. MISC. No.55568 of 2023(2) dt.25-08-2023 2/2 He is in custody since 23.12.2021 and charge has been framed in the learned trial Court on 2.5.2023.

5. Heard learned A.P.P. for the State.

6. Having heard learned counsel for the parties and taking into consideration the nature of allegation, the liberty granted to the petitioner in the earlier order of rejection dated 16.1.2023, charge having been framed in the learned trial Court on 2.5.2023 and the petitioner having remained in custody since 23.12.2021, the Court directs the petitioner to be enlarged on bail in connection with Motihari Town P.S. Case no.435 of 2021 on furnishing bail bond of Rs.10,000/ (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, East Champaran, Motihari.

(Partha Sarthy, J) Saurabh/- U T