Md Amin Alam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.14276 of 2024 Arising Out of PS. Case No.-905 Year-2023 Thana- PURNIA COMPLAINT CASE DistrictPurnia ====================================================== MD AMIN ALAM SON OF LATE MURTAJA RESIDENT OF VILLAGE - MILKI MARANGA WARD NO.10, P.S. - K. HAT MARANGA (O.P.), DISTRICT - PURNEA ... ... Petitioner/s

Versus

1.

THE STATE OF BIHAR 2.

ANJANI KUMAR SON OF HARISCHANDRA CHOUDHARY RESIDENT OF VILLAGE - JHANDAPUR, P.S. - BIHPUR, DISTRICT - BHAGALPUR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

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

Mr. Pawan Kumar Chaurasia, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 01-05-2024 Heard learned counsel for the parties.

2. Petitioner apprehends arrest in a case registered for the offence punishable under Sections 420 and 406 of the Indian Penal Code .

3. As per the prosecution case, despite taking consideration money of Rs. 9,61,000/-, petitioner refused to register the sale deed in favour of the Complainant.

4. It is submitted on behalf of the petitioner that they are innocent and falsely implicated in this case in order to extort money from them. It is submitted on behalf of the petitioner that at this stage petitioner ready to refund the alleged amount of Rs.

Patna High Court CR. MISC. No.14276 of 2024(3) dt.01-05-2024 2/3 9,61,000/- ( nine lac sixty one thousand ) in installments to the Opposite Party No. 2.

5. Considering the aforesaid contention made on behalf of the petitioner, this anticipatory bail is allowed and it is ordered that let 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 learned Chief Judicial Magistrate, Purnea in connection with Complaint Case No. 905 of 2023 , subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure with direction to the petitioner that :- (i) Petitioner shall refund Rs.

5,00,000/- (five lacs) through Bank Draft/cash in the name of opposite party No. 2.

(ii) The petitioner shall refund the rest amount i.e., Rs. 4,61,000/- (four lacs sixty one thousand) in four equal installments of Rs. 1,15,250/- (one lac fifteen thousand two hundred fifty) through Bank Draft/cash in the name of opposite party No. 2 within a period of nine month from the date of furnishing bail-bond.

(ii) If petitioner does not abide by the aforesaid directions, the learned Court below is at liberty to cancel the bail-bond of the petitioner.

Patna High Court CR. MISC. No.14276 of 2024(3) dt.01-05-2024 3/3

6. It is made clear that the aforesaid order has ben passed only for the purpose of bail without considering the merit of the case .

(Prabhat Kumar Singh, J) Koushik/- U T