Md. Tajmal @ Tajamul @ Md. Tajamul v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.71330 of 2022 Arising Out of PS. Case No.-379 Year-2020 Thana- PURNEA SADAR District- Purnia ====================================================== MD. TAJMAL @ TAJAMUL @ MD. TAJAMUL Son of Jalaluddin Miya @ Jalaluddin R/v- Gokulpur (Milki Tola), P.S.- K. Nagar District- Purnea ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ram Prawesh Kumar For the Opposite Party/s :

Mr. Prem Kumar Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 14-03-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 406, 420 of the Indian Penal Code.

Allegation against the petitioner along with coaccused person is of cheating and making forgery through ATM card of the informant's husband and withdrawing of Rs. 53,333/- from his account. It is further alleged that the informant came to know that one freeze and mobile has also been purchased from her ATM card without his knowledge. Thereafter, this case has been lodged against unknown. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. The petitioner is not named in FIR rather he has falsely been

Patna High Court CR. MISC. No.71330 of 2022(2) dt.14-03-2023 2/2 implicated in this case. Nothing incriminating article has been recovered from conscious possession of the petitioner rather his name has transpired in this case on the basis of confessional statement of co-accused Ajit Mehta who is already getting the privilege of bail granted by learned Court below vide order dated 6.7.2022. Good sense has also been prevailed between the parties which shows from Annexure-2 of the petition. It is further submitted that the petitioner is languishing in judicial custody since 14.7.2022.

Learned APP appearing for the state has opposed the prayer of regular bail.

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 released on bail in connection with Sadar P.S. Case No. 379 of 2020 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Purnea.

(Sunil Kumar Panwar, J) Amandeep/- U