Maksad Hussain v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.79360 of 2023 Arising Out of PS. Case No.-12 Year-2023 Thana- Cyber P.S. District- Gopalganj ====================================================== Maksad Hussain Son Of Late Haji Ahmad Hussain R/O Ismail Shaheed Road, Chamda Mandi, Siwan, P.S.- Sarai In The District Of Siwan ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr.Sunil Kumar For the Opposite Party/s :

Mr.Pramod Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 11-12-2023 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 420, 406, 467, 468, 471 of the Indian Penal Code.

As per prosecution case, one accused person, namely, Binod Kumar was caught along with Rs. 3,00,000/- who was alleged to involved in Hawala transaction and the he has confessed that the petitioner was also involved in the same.

It is submitted by learned counsel for the

Patna High Court CR. MISC. No.79360 of 2023(2) dt.11-12-2023 2/3 petitioner that the petitioner is innocent and he has falsely been implicated in the present case. Neither the petitioner was apprehended on spot nor anything incriminatig has been recovered from his conscious possession. The name of petitioner arrayed in this case on the confessional statement of co-accused Binod Kumar. It is further submitted that petitioner runs a wholesale Business of Dry fruits in the name of Hussain Kirana Store and he has no concern with the alleged occurrence. Moreover, the petitioner is languishing in judicial custody since 12.08.2023. A statement has been made in para 3 of the petition that petitioner has no criminal antecedent. Similarly situated co-accused, namely, Jahangir Hussain @ Jahagir Hussain has been granted bail vide order dated 06.12.2023, passed in Cr. Misc. No. 78413 of 2023 by the co-ordinate Bench of this Court.

Learned APP appearing for the State has vehemently opposed the prayer for Bail.

Patna High Court CR. MISC. No.79360 of 2023(2) dt.11-12-2023 3/3 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 Gopalganj Cyber P.S. Case No. 12 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 Chief Judicial Magistrate, Gopalganj.

(Sunil Kumar Panwar, J) Nirajkrs/- U T