Md. Hafizuddin v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.14078 of 2019 Arising Out of P.S. Case No.-211 Year-2018 Thana- TATARPUR District- Bhagalpur ====================================================== MD. HAFIZUDDIN (Male), aged about 55 years, Son of Late Md. Aziz, Resident of Village-Khiribandh, P.S.-Jagdishpur, District-Bhagalpur. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Brij Nandad Prasad, Advocate For the Opposite Party/s :
Mr.Vinod Shanker Modi, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 08-03-2019 Heard the learned counsel for the petitioner and learned counsel appearing on behalf of the State. Petitioner is languishing in judicial custody since 30.09.2018 in connection with Tatarpur (University) P.S.Case No.211 of 2018 for the offence alleged under Sections 406, 419 and 420 of the Indian Penal Code.
The prosecution case as lodged by the written report of the informant Md. Dilawar Khan is that the petitioner took Rs.4,25,000/- on stamp paper of Rs.1,000/- from the informant and promised to return the said amount by 15.03.2018 and if failed to return, he would register his two kathas land in favour of the informant but the petitioner did not honour his commitment and was traceless. It has further been alleged that on 29.09.2018, the petitioner was found roaming in the market
Patna High Court CR. MISC. No.14078 of 2019(2) dt.08-03-2019 2/3 who was caught by the informant and it was later found out that the petitioner had taken huge amount of money and there was dues of various banks.
It has been submitted by the learned counsel for the petitioner that he is innocent and has been falsely implicated in the aforesaid case. He submits that the matter relates to money transaction and is of purely a civil nature and due to unfavourable market conditions, he could not honour his commitment within time and is ready to pay back the loan as soon as money is available with him. He further submits that chargesheet has already been submitted, there being no allegation of tampering with the prosecution evidence. However, learned APP for the State opposes the prayer for bail stating therein that the petitioner does not have a clean antecedent and one more case of similar nature is pending against him.
Considering the nature of allegations and the materials on record, let the petitioner, above named be released on bail on furnishing bail bond of Rs.10,000/- (rupees ten thousand) with two sureties of the like amount each in connection with Tatarpur (University) P.S.Case No.211 of 2018 to the satisfaction of learned Chief Judicial Magistrate,
Patna High Court CR. MISC. No.14078 of 2019(2) dt.08-03-2019 3/3 Bhagalpur, subject to the following conditions:- (i) One of the bailors would be a close relative of the petitioner having sufficient immovable property, who will file an affidavit stating his relationship with the petitioner. (ii) Petitioner will appear before the learned court below during trial as and when required and failure to appear on two consecutive dates without assigning any reason will entail cancellation of his bail bonds.
(iii) If the petitioner indulges in an offence of similar nature in future, the prosecution will be at liberty to move the learned Court below for cancellation of his bail bonds. (Nilu Agrawal, J) B.Kr./- U T