Zubair Alam @ Zobair Alam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.51711 of 2019 Arising Out of PS. Case No.-78 Year-2018 Thana- SIWAN CITY District- Siwan ====================================================== Zubair Alam @ Zobair Alam, S/O- Manjur Alam @ Manauwar Alam, R/OAtmansa Raut Basari Tola, P.S.- Bettiah Muffasil, District- West Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Ram Naresh Ray, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 04-11-2019 This is an application for grant of anticipatory bail in connection with Siwan Town P. S. Case No.78 of 2018, disclosing offences under Sections 379 and 420 of IPC. As per F.I.R. by committing cyber crime from the account of the informant, Rs. 1,58,000/- has been withdrawn. It further appears that out of that Rs.80,000/- in two transactions has been deposited in the account of the petitioner, which was later on withdrawn.

Submission of the learned counsel for the petitioner is that petitioner has no knowledge about the transaction of the above amount in his account and he has not withdrawn the same. He has no criminal antecedent.

Heard learned A.P.P. also, who has opposed the prayer for anticipatory bail of the petitioner on the ground that Paras 79 ad 112 of the case diary disclosed that the amount was

Patna High Court CR. MISC. No.51711 of 2019(3) dt.04-11-2019 2/2 transferred in the account of the petitioner and the same has been withdrawn also. Further investigation is still going on. Having heard both sides, in view of the facts and circumstances, as stated above, and as there is a large number of such cases is going on, I am not inclined to grant privilege of anticipatory bail to the petitioner. However, he has to surrender and pray for regular bail, the same shall be considered on its own merit, without being prejudiced by order of this Court. With the aforesaid, this application is dismissed. (Vinod Kumar Sinha, J) Sunil Shukla/- U T