Ajhar Alam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.65657 of 2022 Arising Out of PS. Case No.-387 Year-2022 Thana- MAJHAULIA District- West Champaran ====================================================== AJHAR ALAM S/o Shahid Alam R/o Village- Ward no. 4, Badhaiya Tola, P.S.- Majhalia, Distt- W. Champaran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Umesh Kumar Gupta For the Opposite Party/s :

Mr.Pramod Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 24-03-2023 Heard learned counsel for the petitioner as well as learned APP for the State.

In this case, the petitioner is seeking regular bail in connection with Majhaulia P.S. Case No. 387 of 2022, registered for the offenses punishable under Sections 399, 400, 401, 402, 403, 411, 413, 414, 419, 420, 467, 468, 471, 472, 379, and 120(b) of the Indian Penal Code and 66 and 66(c) of the I.T Act.

As per allegation, a Scorpio was apprehended by the police and two persons were arrested and two persons became successful in fleeing away. A number of ATM cards of different banks detailed in the FIR, mobile adapter etc. were recovered from their possession. They apprised the police party

Patna High Court CR. MISC. No.65657 of 2022(2) dt.24-03-2023 2/3 that they belong to an organized gang who used to commit computer fraud.

Learned counsel for the petitioner has submitted that the petitioner was not arrested at the spot. Even in the confessional statement of the apprehended persons his name was not figured. The arrested persons in their confessional statement disclosed the names of 44 persons amongst whom the name of co-accused Tarik Hussain was figured and the name of the petitioner came in the confessional statement of Tarik Hussain.

Learned counsel has submitted further that the Prakash Kumar who was arrested at the spot has been granted bail by the coordinate Bench and co-accused Alok Kumar whose name has figured in confessional statement of Prakash Kumar has also been granted bail.

Considering the above-mentioned facts and circumstances and also considering the fact that the case of the petitioner is on better footing than that of accused person who has been granted bail by a coordinate Bench of this Court, let the petitioner above-named be released on bail on furnishing bail bonds of Rs.10,000/- with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate,

Patna High Court CR. MISC. No.65657 of 2022(2) dt.24-03-2023 3/3 West Champaran, Bettiah in connection with Majhaulia P.S. Case No. 387 of 2022, subject to the following conditions:- (i) The petitioner shall cooperate in the disposal of trial and make himself available as and when required by the court.

(ii) If the petitioner is found involved in future in the similar type of offence, the prosecution will have liberty to file an application before the court below for cancellation of the bail of the petitioner and the learned court below will take decision in accordance with law.

(Nawneet Kumar Pandey, J) SONALI/Sudha U T