Asfak Alam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.60793 of 2025 Arising Out of PS. Case No.-229 Year-2025 Thana- MOTIHARI TOWN District- East Champaran ====================================================== Asfak Alam Son of Serajul Ansari Resident of village- jaukutiya, PsMajhauliya, Dist- West Champaran ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr. Abhishek Kumar For the Opposite Party/s :

Mr. Anita Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 15-09-2025 Heard learned counsel for the petitioner and learned A.P.P for the State.

2. The petitioner has preferred this application for grant of regular bail in connection with Motihari Town P.S. Case No. 229/2025 dated 18.03.2025 registered for the offences punishable u/ss 319(2), 318(4), 303(2), 338, 336(3), 340(2) read with Section 3(5) of the B.N.S.

3. As per the prosecution case, three miscreants were standing near the IDBI Bank ATM and on seeing police, they started fleeing away but on chase, one person was apprehended who disclosed his name as Asfak Alam (petitioner) and two persons managed to flee away. On search of the petitioner, 19 ATM Cards of different bank were recovered from the pocket of the petitioner and two daggers were recovered from the waist of

Patna High Court CR. MISC. No.60793 of 2025(2) dt.15-09-2025 2/3 the petitioner.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. Nothing has been recovered from the conscious possession of the petitioner. The petitioner has no concern with the alleged recovery. The petitioner has clean antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 19.03.2025.

5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner by submitting that the petitioner along with other co-accused persons are involved in cyber fraud.

6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, East Champaran at Motihari in connection with Motihari Town P.S. Case No. 229/2025 with the condition:- (i). The petitioner is directed to remain physically present before the learned Court below on each and every date, failing which on two consecutive dates without reasonable

Patna High Court CR. MISC. No.60793 of 2025(2) dt.15-09-2025 3/3 cause, the bail bonds of the petitioner is liable to be cancelled. (ii). If the petitioner is found involved in similar nature of offence in the future, the prosecution will be at liberty to move for cancellation of his bail bonds.

7. The application stands allowed.

(Chandra Prakash Singh, J) atul/- U T