Md. Aftab Alam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.16534 of 2024 Arising Out of PS. Case No.-1177 Year-2019 Thana- ROHTAS COMPLAINT CASE District- Rohtas ====================================================== MD. AFTAB ALAM SON OF LATE MD. RASUL ANSARI RESIDENT OF VILLAGE - SAKLA, P.S. - KARAKAT, DISTRICT - ROHTAS ... ... Petitioner/s

Versus

1.

THE STATE OF BIHAR 2.

RIYASAT ANSARI SON OF LATE PIR MOHAMAD ANSARI RESIDENT OF VILLAGE - BARADIH, P.S. - AGRER, DISTRICT - ROHTAS ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Shashi Kant For the Opposite Party/s :

Mr. Shantanu Kumar For the O.P. No.2 : Mr. Rakesh Kumar Mishra ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 14-03-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 323 and 420 of the Indian Penal Code.

3. The petitioner is said to have taken money from the informant for providing government job to the son of the informant but neither the job is provided nor the money has been returned.

4. It is submitted by learned counsel for the petitioner that no such occurrence as alleged ever took place. He has been falsely implicated in this case. It is further submitted that the entire prosecution story appears to be vague and abusrd and the

Patna High Court CR. MISC. No.16534 of 2024(2) dt.14-03-2024 2/2 complainant never paid any money to the petitioner for the employment of his son, rahter the complainant has lodged this false and fabricated case against the petitioner with an evil to design to grab Rs.1 lakh of the petitioner which was taken by the Shamsher Alam, the son of the complainant for which an agreement took place and the petitioner and witnesses signed but the son of the informant refused to sign. Petitioner has no criminal antecedent as mentioned in para-3 of this application.

5. Learned APP for the State opposed the prayer for bail.

6. Having regard to the facts and circumstances of the case as well as the fact that there is money dispute between the parties which is purely civil in nature, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending/successor Court in connection with Complaint Case No.1177 of 2019, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. (Anjani Kumar Sharan, J) Trivedi/- U T