Patna High CourtCR. MISC./77043/2024bail granted

Md. Fahad Ansari v. The State Of Bihar

2025-01-22Mr. Justice Sandeep Kumar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.77043 of 2024 Arising Out of PS. Case No.-65 Year-2024 Thana- Cyber P.S. District- Sitamarhi ====================================================== MD. FAHAD ANSARI S/o- Nazmulaish @ Najmulaish Ahmad VillageMathiya Ps- Ramnagar Dist- West Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ashhar Mustafa For the Opposite Party/s :

Mr. Uday Pratap Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 22-01-2025 Heard learned counsel for the petitioner and learned Additional Public Prosecutor appearing on behalf of the State.

2. The petitioner seeks regular bail in connection with Sitamarhi Cyber P.S. Case No. 65 of 2024, registered for the offence punishable under Sections 303(2), 318(4), 111(2) (b) of the B.N.S.

3. As per prosecution, the petitioner was caught in the house of the main accused Md. Asif Iqbal. His mobile phone was also seized.

4. Learned counsel for the petitioner submits that petitioners have falsely been implicated in this case. There is no material to connect the petitioner with any cyber fraud. In his mobile, there is no evidence of cyber fraud (screenshot) having been committed. He further submits that he is a student having

Patna High Court CR. MISC. No.77043 of 2024(3) dt.22-01-2025 2/3 clean antecedent. Six mobile sets were recovered from the place of occurrence and the I.O. of the case has reported that a transaction was about to be done by the petitioner therefore he was also arrested. Petitioner has no criminal antecedent and are in judicial custody since 08.08.2024.

5. Learned APP has vehemently opposed the prayer for bail.

6. Considering the fact that no material has come during investigation and also considering the fact that petitioner bears clean antecedent and also period of custody, this application is allowed.

7. Let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned court of Chief Judicial Magistrate, Sitamarhi, in connection with Sitamarhi Cyber P.S. Case No. 65 of 2024, with a condition that:

i. The petitioner will mark his attendance at Ramnagar Police Station at every Sunday of each month. Default in appearance at the local Police Station will result into cancellation of his bail bond.

ii. The petitioner shall cooperate in the trial and shall

Patna High Court CR. MISC. No.77043 of 2024(3) dt.22-01-2025 3/3 be represented through his lawyer or himself on the date fixed in the trial.

(Sandeep Kumar, J) Ranjeet/- U T