Taj Alam @ Md. Taj Alam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.80504 of 2019 Arising Out of PS. Case No.-228 Year-2019 Thana- MAJHAULIA District- West Champaran ====================================================== TAJ ALAM @ MD. TAJ ALAM Son of Firoz Alam Resident of Village - Jawkatia, Ward No. 02, Ahir Toli, Jawakatia, P.S.- Majhauliya, Distt - West Champaran (Bettiah.) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ritesh Kumar For the Opposite Party/s :

Mr.Ram Naresh Ray ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 21-01-2020 Petitioner seeks bail in anticipation of his arrest in connection with Manjhauliya P.S. Case No. 228 of 2019 registered for the offences punishable under Sections 413, 414, 419, 420, 467, 468, 471, 472, 379, 120B of the Indian Penal Code and Section 66 of I.T. Act.

As per FIR while the police party was on patrolling duty they saw 10-12 persons in objectionable condition and seeing the police party they started fleeing away and five persons were apprehended and from them ATM cards, mobile phones, PAN cards, cash, etc. were recovered and from interrogation it appears that they are the members of gang which engaged the persons on the plea of lottery and other assurance and committed cyber crime taking out crores of rupees.

Submission of learned counsel for the petitioner is that

Patna High Court CR. MISC. No.80504 of 2019(2) dt.21-01-2020 2/2 except confessional statement there is nothing against him and he was not present at the time of occurrence and two of the co-accused persons have been granted anticipatory bail by a co-ordinate Bench of this Court by order dated 16.11.2019 passed in Cr.Misc.No. 54407 of 2019 and by order dated 26.11.2019 passed in Cr.Misc.No. 69393 of 2019.

Heard learned APP, who has opposed the prayer for anticipatory bail. From perusal of the record it appears that is also one of the members of the gang in the cyber crime taking out crores of rupees and details of manner of their participation have been mentioned in the confessional statement of co-accused. In view of above facts and circumstances, though some of the co-accused persons have been granted anticipatory bail but I am not inclined to grant the privilege of anticipatory bail to the petitioner. He has to surrender and pray for regular bail. This application is, accordingly, dismissed.

(Vinod Kumar Sinha, J) spal/- U T