Patna High CourtCR. MISC./68411/2023bail granted

Shahzad Alam @ Shahzad Ali v. The State Of Bihar

2023-12-22Mr. Justice R. P. Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.68411 of 2023 Arising Out of PS. Case No.-10 Year-2023 Thana- Cyber P.S. District- Gopalganj ====================================================== Shahzad Alam @ Shahzad Ali Son of Shaukat Shah @ Saukat Sah Resident of Village-Bhawaniganj, Police Station-Majhagarh, District-Gopalganj. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Lokesh Kumar Singh, Adv.

For the Opposite Party/s :

Mr.Jharkhandi Upadhyay, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 22-12-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Cyber (Gopalganj) P.S. Case No. 10 of 2023 instituted for the offences under Sections 467, 468, 420, 406 of the Indian Penal Code and Section 66(c) and 66(d) of the I.T. Act.

3. It appears from the F.I.R. that the petitioner is alleged to have withdrawn money on different dates from the account of the Informant by using QR code of the shop of the Informant fraudulently. It is further alleged that the police has recovered cash of Rs. 10,000/- from the possession of the petitioner.

4. Learned counsel for the petitioner submits that the

Patna High Court CR. MISC. No.68411 of 2023(3) dt.22-12-2023 2/2 petitioner is innocent and has falsely been implicated in the present case only on the suspicion. He further submits that so far as the recovery of Rs. 10,000/- is concerned, the same belongs to the petitioner. Nothing incriminating has been recovered from the possession of the petitioner. Except confessional statement of the petitioner before the police, there is nothing against him. The petitioner has one criminal antecedent in which he is on bail. The petitioner is languishing in judicial custody since 23.07.2023.

5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.

6. Considering the entire facts and circumstances of the case as also taking into account the period of custody and the nature of accusation, let the petitioner, abovenamed, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Cyber (Gopalganj) P.S. Case No. 10 of 2023.

(Rudra Prakash Mishra, J) rishi/- U T