Zafar Imam @ Zafar Khan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.7859 of 2023 Arising Out of PS. Case No.-307 Year-2021 Thana- BAHERA District- Darbhanga ====================================================== ZAFAR IMAM @ ZAFAR KHAN Son of Late Abdul Ahadh Khan @ Late Abdul Ahmad Khan R/v- Ashapur, P.O. and P.S.- Bahera, District- Darbhanga ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Nitish Kumar, Advocate For the Opposite Party/s :
Mr. Sunil Kumar Pandey, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 11-07-2023 Heard learned counsels for the petitioner and the State.
Petitioner apprehends arrest in a case registered for the offences punishable under Sections 406 and 420 of the Indian Penal Code.
As per F.I.R., petitioner is alleged to have collected Rs. 15,000/- (fifteen thousand) each from unemployed persons in the name of providing job during Covid-19 for sanitizing houses and thermal screening but later, denied to pay wages to them.
At the outset, it is submitted that though the alleged occurrence took place on 10.09.2020 but F.I.R. has been lodged on 14.12.2021. As a matter of fact, prior to the alleged lodging of the F.I.R., petitioner had already filed a compliant against the
Patna High Court CR. MISC. No.7859 of 2023(4) dt.11-07-2023 2/2 informant on 22.02.2021 and in revenge this false and concocted case has been lodged against the petitioner. It is submitted that petitioner has got nothing to do with the alleged occurrence. He is also one of the employees and as such, there is no occasion for him to pay wages to the other employees. Petitioner has got clean antecedent.
Considering the facts and circumstances of the case, this anticipatory bail is allowed and it is ordered that the above named petitioner in the event of his arrest/surrender before the court below within a period of six weeks from today, be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Additional Chief Judicial Magistrate-I, Benipur, Darbhanga in connection with Bahera P. S. Case No. 307 of 2021, subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure.
(Prabhat Kumar Singh, J) Navya/- U T