Parvez Alam @ Parvej Musharaf v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.72540 of 2024 Arising Out of PS. Case No.-10 Year-2023 Thana- Cyber P.S. District- Gopalganj ====================================================== Parvez Alam @ Parvej Musharaf Son of Md. Hanif Mansuri @ Hanif Mansuri R/O-Village -Bhawaniganj, P.S.- Manjhagarh, District -Gopalganj ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Javed Aslam, Advocate For the Opposite Party/s :

Mr. Anil Kumar Singh No. 1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 04-10-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2.

The petitioner apprehends his arrest in connection with Gopalganj Cyber P.S. Case No. 10 of 2023 registered for the offences punishable under Sections 467, 468, 420 & 406 of the Indian Penal Code and Sections 66(c), 66(D) of the I.T. Act. 3.

It appears from the FIR, that the petitioner is alleged to have withdrawn money on different dates from the account of the Informant by using QR code of the shop of the informant fraudulently It is further alleged that police has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

Patna High Court CR. MISC. No.72540 of 2024(2) dt.04-10-2024 2/3 accused.

4.

Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence as alleged against him and has falsely been implicated in the present case. Name of the petitioner transpired in this case on the basis of confessional statement of co-accused, namely, Shahzad Alam, which is evident from the FIR itself. Nothing has been recovered from the possession of the petitioner. Co-accused, who disclosed the name of the petitioner has been granted regular bail by this Court vide order dated 22-12-2023, passed in Cr. Misc. No. 68411 of 2023. Petitioner bears clean antecedent. 5.

On the other hand, learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner. 6.

Considering the rival submissions made by the learned counsel for the parties, let the petitioner above-named, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Gopalganj Cyber P.S. Case No. 10 of 2023, subject to the conditions as laid

Patna High Court CR. MISC. No.72540 of 2024(2) dt.04-10-2024 3/3 down under Section 438 (2) of the Cr.P.C.

(Rudra Prakash Mishra, J) Raj Kishore/- U T