Parvej Ahmad v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.69541 of 2024 Arising Out of PS. Case No.-63 Year-2024 Thana- Cyber P.S. District- Gopalganj ====================================================== Parvej Ahmad, Son of Nabi Ahmad, Resident of village- Majauna Pathra, P.S.- Majhagarh, District- Gopalganj ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Md Ansiur Rahman, Advocate For the Opposite Party/s :
Mr.Yogendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 22-01-2025 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner has prayed for bail in connection with Gopalganj (Cyber) P.S. Case No. 63 of 2024 registered for the offence punishable under Sections 318(4) and 319(2) of the B.N.S. and Section 66(D) of the I.T. Act.
3. The case of the prosecution is that the informant received the information that one Parvej Ahmad is indulging in online fraud and sending money to the cyber criminals. On this information, he was apprehended and from his possession, one passbook of Union Bank Branch, Bilariganj, District-Azamgarh (U.P.), Axix Bank ATM Card, Kotak Bank ATM Card, Union Bank Platinum International ATM Card, one mobile of Realme company and one mobile of One Plus
Patna High Court CR. MISC. No.69541 of 2024(4) dt.22-01-2025 2/3 Company, altogether four mobiles were recovered along with ATM Cards and Passbook. During course of investigation, it was found that the account of which the petitioner was having passbook has got a complain and it was found that in two layers Rs. 60,000/- were transferred in this account. In para 26 of the case diary, it has also come that the ATMs were in the name of Swaminath Paramhansh Vishwakarma and on that ATMs also a complain was registered.
4. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. He has been falsely implicated in this case. There is no independent witness of the seizure list. A statement has been made in para 3 of the petition that petitioner has no criminal antecedent. Petitioner is languishing in judicial custody since 05.07.2024.
5. The application for bail is opposed by learned APP for the State.
6. Having heard learned counsel for the parties and considering the facts and circumstances of the case, this Court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties
Patna High Court CR. MISC. No.69541 of 2024(4) dt.22-01-2025 3/3 of the like amount each to the satisfaction of the learned C.J.M., Gopalganj in connection with Gopalganj (Cyber) P.S. Case No. 63 of 2024.
(Ashok Kumar Pandey, J) lata/- U T