Md. Azad Alam @ Amin Faizi @ Md. Amin Faizi @ Azad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.15282 of 2023 Arising Out of PS. Case No.-350 Year-2021 Thana- ARARIA District- Araria ====================================================== 1.

Md. Azad Alam @ Amin Faizi @ Md. Amin Faizi @ Azad Son of Late Harun Rashid @ Advocate Haroon Rashid R/o Islamnagar, Ward No. 26, P.S.- Araria, District- Araria 2.

Alam Ara Wife of Late Harun Rashid @ Advocate Haroon Rashid R/o Islamnagar, Ward No. 26, P.S.- Araria, District- Araria 3.

Md. Mamoon Rashid Son of Late Harun Rashid @ Advocate Haroon Rashid R/o Islamnagar, Ward No. 26, P.S.- Araria, District- Araria ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Md. Ziaul Quamar, Advocate For the Opposite Party/s :

Mr. Shyam Bihari Singh, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 18-05-2023 Heard learned counsels for the petitioners and the State.

Petitioners apprehend arrest in a case registered for the offences punishable under Sections 406, 419 and 420 of the Indian Penal Code.

It is alleged that after taking consideration money of Rs. 10,05,000/- from the informant, these petitioners neither executed the sale deed in his favour nor refunded the said amount.

Learned counsel appearing for the petitioners submits that petitioners have not taken any money from the informant

Patna High Court CR. MISC. No.15282 of 2023(2) dt.18-05-2023 2/2 and there is no chit of paper on record in support of the allegation. As a matter of fact, prior to the present case, petitioner No. 3 filed Araria (R.S.) P. S. Case No. 348 of 2021 against the informant and others and only with a view to save his skin, this false and concocted case has been filed against the petitioners. He further submits that it is a case of civil dispute and petitioners have got clean antecedent.

Considering the aforesaid facts and circumstances, this anticipatory bail is allowed and it is ordered that the above named petitioners in the event of their 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) each with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Araria (R.S.) P. S. Case No. 350 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