Md. Amem Alam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.12175 of 2025 Arising Out of PS. Case No.-1520 Year-2024 Thana- PHULWARISHARIF District- Patna ====================================================== Md. Amem Alam Son of Javed Alam Resident of Mohalla - House No.- A/55, First Floor, Road No.- B6 Alinagar Colony, Gardanibag, P.S.- Gardanibag, Dist.- Patna.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ramji Kumar, Advocate For the Opposite Party/s :

Mr. Ajit Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 28-03-2025 Heard Mr. Ramji Kumar, learned counsel appearing on behalf of the petitioner and Mr. Ajit Kumar, learned APP for the State.

2. The petitioner seeks pre-arrest bail in connection with Phulwarisharif P.S. Case No. 1520/2024 registered for the offence(s) punishable under Sections 316(2) and 318(4) of BNS.

3. As per the allegation made in the FIR, the informant has deposited a sum of rupees twenty fifty lacs by account payee cheque on different dates for registration of a flat in the year 2016 but the petitioner neither executed the sale deed, nor returned the aforesaid money to the informant.

4. Learned counsel appearing on behalf of petitioner seeks liberty to file a fresh anticipatory bail application before

Patna High Court CR. MISC. No.12175 of 2025(2) dt.28-03-2025 2/2 the learned District Court in view of the instruction received by him that petitioner is ready to deposit the entire amount which has been transferred into the account of the petitioner by the informant in the year 2016, along with interest, having failed to hand over the flat in favour of the informant.

5. Considering the aforesaid submission made on behalf of the petitioner, the petitioner, if so advise, may avail remedy before the learned District Court by filing fresh anticipatory bail application. While considering the anticipatory bail application of the petitioner, the learned District Court is required to consider the law laid down by the Apex Court in case of in the case of Bimla Tiwari vs. State of Bihar & Ors. passed in SLP (Crl.) Nos. 834-835 of 2023.

6. The bail application stands disposed of.

(Purnendu Singh, J) Sanjay/- U T