Amzad Alam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.67330 of 2024 Arising Out of PS. Case No.-29 Year-2024 Thana- Cyber P.S. District- Muzaffarpur ====================================================== Amzad Alam, aged about 20 years, Sex-Male, S/o- Seikha Abbas @ Abbas, R/O Village- Shankar Saraiya Munshi Enar, PS- Turkaulia, District- East Champaran.

... ... Petitioner

Versus

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

For the Petitioner :

Mr. Yugal Kishore, Advocate.

For the Opposite Party :

Mrs. Sharda Kumari, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 21-09-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner seeks bail in connection with Cyber P.S. Case No. 29 of 2024 dated 14.03.2024 registered for the offences punishable under Sections 419, 420, 170 of the I.P.C. and Sections 66(C)(D) of the I.T. Act.

3. As per the prosecution case, the informant received a call from the Mobile No. 911243660525 who claimed to be from the Administration and who told him that his son was apprehended in a rape case with his friend and he has to pay Rs. 75,000/- if he wants to save his son otherwise his son's career will be ruined. They also provided a P.N.B. A/C No. 0713100100006920 to him to deposit the said amount. The

Patna High Court CR. MISC. No.67330 of 2024(2) dt.21-09-2024 2/3 informant followed the instruction and deposited the said amount. It is further alleged that after some time, the informant came to know that it was a cyber fraud.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. It is submitted that the petitioner is not named in the F.I.R. His name has come in the present case only on the basis of the confessional statement of the co-accused Jitendra Kumar and Raushan Kumar. Except the confessional statement of the aforesaid two co-accused persons, there is no substantive evidence to suggest the implication of the petitioner in the present case. The aforesaid P.N.B. Bank A/C No. 0713100100006920, Mobile No. +911243660525 and Whatsapp Mobile No. 8084627659 does not belong to the petitioner. The petitioner has no concern with the alleged offence.

It is submitted that the other co-accused persons, namely, Jitendra Kumar, Deepak Kumar and Ankit Mishra have already been granted bail by a Bench of this Court vide Cr. Misc. No. 43280 of 2024 under order dated 02.07.2024, Cr. Misc. No. 43725 of 2024 under order dated 08.07.2024 and Cr. Misc. No 47975 of 2024 under order dated 08.08.2024 respectively, annexed as Annexure-P/2 series to the present bail application.

Patna High Court CR. MISC. No.67330 of 2024(2) dt.21-09-2024 3/3 petitioner has clean antecedent as stated in paragraph no. 3 of the bail petition. He is in custody in this case since 18.03.2024.

5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner, above named, 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 S.D.J.M. (West), Muzaffarpur in connection with Cyber P.S. Case No. 29 of 2024.

7. The application stands allowed.

(Chandra Prakash Singh, J) U.K./- U T