Md. Rizwan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.77397 of 2023 Arising Out of PS. Case No.-408 Year-2023 Thana- JOKIHAT District- Araria ====================================================== Md. Rizwan S/O Md. Ishaque Village- Chakai, Ward No. 11, Ps. Jokihat, Dist. Araria ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr.Madhav Jha For the Opposite Party/s :

Mr.Ashok Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 19-04-2024 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has filed the instant application for grant of regular bail in a case registered for the offences punishable under Sections 417, 419, 420, 465, 467, 468, 471, 472, 473, 474, 120(B)/34 of the Indian Penal Code.

The prosecution case in nutshell is that informant being a police official received a secret information that some persons are assembled and are indulged in online fraud. On raid, petitioner along with other co-accused persons are arrested and they

Patna High Court CR. MISC. No.77397 of 2023(4) dt.19-04-2024 2/3 disclosed that they are indulged in illegally withdrawing money from the account of people by preparing duplicate finger print. On search, one mobile, A.T.M card and 13 pieces of rubber finger print have been recovered from the possession of the petitioner.

It is submitted by learned counsel for the petitioner that the petitioner is innocent and he has falsely been implicated in the present case. Petitioner has no concern either with the seized articles or with the co-accused persons and no transaction has been done in the account of petitioner by online racketeering. It is further submitted that there is no any complaint regarding illegal transaction of money from any holder. Moreover, the petitioner is languishing in judicial custody since 05.09.2023. Similarly situated co-accused, namely, Pappu Biswas has been granted bail vide order dated 14.12.2023, passed in cr. Misc. No. 80549 of 2023 by this Court.

Learned APP appearing for the State has

Patna High Court CR. MISC. No.77397 of 2023(4) dt.19-04-2024 3/3 vehemently opposed the prayer for Bail.

Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case as well as period of custody, this Court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail in connection with Jokihat P.S. Case No. 408 of 2023 on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned C.J.M., Araria. (Sunil Kumar Panwar, J) Nirajkrs/- U T