Md Irfan@ Md Ifran@ Mohd Irfan Alam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.68598 of 2023 Arising Out of PS. Case No.-46 Year-2023 Thana- MEDNI CHAUKI District- Lakhisarai ====================================================== Md Irfan@ Md Ifran@ Mohd Irfan Alam S/O Abdul Warik @ Abdul Barik Kha Village- Manganj Bazar, PS. Jadiya, Dist. Supaul ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sanjeev Kumar, Advocate For the Opposite Party/s :

Mr. Choubey Jawahar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 01-11-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner in the present case is seeking prearrest bail in connection with Mednichowki P.S. Case No. 46 of 2023 registered for the offences punishable under Section 420 of the Indian Penal Code and 66(C) (D) of the Information Technology Act. He has got no criminal antecedent.

3. As per the prosecution story, the informant who is working in the branch of CCSMU on the post of programmer reported the police that he received a complaint from the Cyber Crime Reporting Portal in which some unknown person from the given mobile number committed fraud of Rs. 56,700/- from the bank account of complainant Sanjeev Kumar on the pretext of disconnection of electric connection. On inquiry two banks

Patna High Court CR. MISC. No.68598 of 2023(2) dt.01-11-2023 2/3 account were detected and one of the accounts belongs to the petitioner in which the money was transferred.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. Learned counsel submits that the name of the petitioner has transpired in the confessional statement of the co-accused Md. Aslam. It is submitted that the petitioner has got no criminal antecedent.

5. Learned APP for the State has opposed the prayer for anticipatory bail of the petitioner.

6. Having regard to the submission that the coaccused Md. Aslam has not only confessed his guilt and disclosed the involvement of the petitioner,he has also revealed to have transferred a sum of Rs. 25,000/- in the account of this petitioner, this being a case of Cyber Crime and involvement of the petitioner has surfaced in course of investigation which is still going on, this Court is not inclined to grant privilege of anticipatory bail to the petitioner. Prayer is refused.

7. In case the petitioner surrenders and prays for regular bail in the learned court below within a period of four weeks from today, his prayer for regular bail shall be considered on its own merit without being prejudiced by the order of this

Patna High Court CR. MISC. No.68598 of 2023(2) dt.01-11-2023 3/3 Court.

8. This application is dismissed.

(Rajeev Ranjan Prasad, J) shweta/- U T