Shamsu Joha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.20981 of 2024 Arising Out of PS. Case No.-738 Year-2021 Thana- WEST CHAMPARAN COMPLAINT District- West Champaran ====================================================== Shamsu Joha Son Of Late Sheikh Ali Imam Resident Of Village- Bhawanipur, Ps- Sikta, Dist- West Champaran ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Jafir Aahmad S/o Sheikh Sagir Aahmad R/o Behra, Tola-Jhumka, P.S.-Sikta, District-West Champaran ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Bhagya Narayan Jha For the Opposite Party/s :

Ms.Veena Kumari Jaiswal Mr. Sujeet Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 07-10-2024 1.

Heard learned counsel for the petitioner, learned A.P.P. for the State and learned counsel appearing on behalf of the OP No. 2.

2.

The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 406 and 420 of the Indian Penal Code.

3.

The learned counsel appearing on behalf of the petitioner, at the outset, submits that he is not making any submissions on merits, rather has instructions to make submission that petitioner is willing to return an amount of Rs. 5 lakhs to the OP No. 2. It is further submitted that a demand draft of Rs. 2 lakhs drawn on SBI having DD No. 755736 dated 4-10-

Patna High Court CR. MISC. No.20981 of 2024(6) dt.07-10-2024 2/3 2024 in the name of the OP No. 2, Jafir Aahmad, has been prepared and the same is being handed over to the learned counsel appearing on behalf of the OP No. 2.

4.

The learned counsel appearing on behalf of the OP No. 2 accepts the demand draft, but then it is submitted that once the petitioner is granted the privilege of anticipatory bail, he will not return the rest of the amount on which he has agreed, on which the learned counsel appearing on behalf of the petitioner submits that the rest Rs. 3 lakhs shall be paid within a period of 5 months from today.

5.

Considering the submissions made by the learned counsel for the petitioner, the petitioner above-named, in the event of his arrest or surrender before the learned trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 5,000/- (Rupees Five Thousand) with two sureties of the like amount each to the satisfaction of the learned trial court where the case is pending/successor court in connection with Complaint Case No. 738 of 2021, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

6.

However, if the amount of Rs. 3 lakhs as agreed is not paid to the OP No. 2 on or before 9-3-2025, the OP No. 2

Patna High Court CR. MISC. No.20981 of 2024(6) dt.07-10-2024 3/3 shall be at liberty to file an application seeking cancellation of the anticipatory bail granted to the petitioner. 7.

The learned counsel appearing on behalf of the OP No. 2, at this stage, submits that in the event if the amount of Rs. 3 lakhs is paid to the OP No. 2 within the time aforesaid, in that event, he will withdraw the instant criminal case against the petitioner.

(Satyavrat Verma, J) SUMIT/- U T