Patna High CourtCR. MISC./66794/2024bail granted

Ajarudin Ansari @ Ajarudin Alam v. The State Of Bihar

2024-12-04Mr. Justice Dr. Anshuman3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.66794 of 2024 Arising Out of PS. Case No.-32 Year-2024 Thana- Cyber P.S. District- Muzaffarpur ====================================================== Ajarudin Ansari @ Ajarudin Alam Son of Raiyans Miyan Resident of Village - Motipur, Pakhnaha Bazar, Police Station - Bairiya, District - West Champaran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Lallan Kumar Verma, Adv.

For the Opposite Party/s :

Mr. Anuj Kumar Shrivastava, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 04-12-2024 Heard Learned Counsel for the petitioner and Learned A.P.P. for the State.

2. The petitioner seeks regular bail in connection with Cyber P.S. Case No. 32 of 2024 lodged on 31.03.2024, for the offences punishable under Sections 170, 419 & 420 of the Indian Penal Code read with sections 66(C) & 66(D) of the I.T Act.

3. As per the prosecution, FIR has been lodged against owner of mobile numbers and some unknown persons against whom there is an allegation that they have committed cyber fraud with the informant.

4. Learned Counsel for the petitioner submits that the petitioner is innocent and has committed no offence. Counsel

Patna High Court CR. MISC. No.66794 of 2024(3) dt.04-12-2024 2/3 also submits that the mobile numbers registered in the FIR does not belong to the petitioner and petitioner is completely innocent. Counsel also submits that petitioner has not been put on TIP and his name is not there even in the seizure list. Counsel further submits that the criminal antecedent of the petitioner is clean and he is in custody since 02.04.2024. Counsel submits that other co-accused persons have been granted bail by this Court with condition of payment of Rs.50,000/- before the Trial Court subject to the trial of the case vide orders dated 21.09.2024 & 27.09.2024 passed in Cr. Misc. Nos. 48294 of 2024 & 51651 of 2024 respectively. Counsel submits that case diary has been called for in this case.

5. Learned APP for the State opposes the prayer for bail of the petitioner and submits that it is a case of cyber fraud of Rs.50,000/- by two different transactions and in the rejection order, it has categorically indicated that the said money started transferring from one account to another and lastly, the said money comes in the petitioner's account i.e. layer two account no.3939001700192576 and this account no. belongs to the petitioner. Therefore, he submits that with the help of other accused persons, money of the informant has been transferred and ultimately, comes in the petitioner's account. Counsel

Patna High Court CR. MISC. No.66794 of 2024(3) dt.04-12-2024 3/3 submits that a sympathetic view may be taken towards petitioner.

6. As such, this Court hereby directs the petitioner to deposit Rs.50,000/- (Fifty Thousand) to the informant before the Trial Court in the form of Demand Draft which shall be subject to the result of the trial of the present case.

7. In the present facts and circumstances of this case, let the petitioner above named be granted bail, on furnishing bail bonds of Rs.30,000/- (Rupees Thirty Thousand) with two sureties of the like amount each to the satisfaction of S.D.J.M., (West) Muzaffarpur in connection with Cyber P.S. Case No. 32 of 2024, subject to the conditions as laid down U/s 437(3) Cr.P.C.

(Dr. Anshuman, J) Divyansh/- U T