Tauquer Alam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.50666 of 2017 Arising Out of PS.Case No. -118 Year- 2017 Thana -ANDER District- SIWAN ====================================================== Tauquer Alam, Son of Maqsood Alam, resident of village- Dilawarp P.S.- Ander, District- Siwan.

.... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Binoy Kumar For the Opposite Party/s : Mr. B.N. Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 08-12-2017 Heard the counsels for the parties.

The petitioner seeks bail in connection with Andar P.S. Case No. 118 of 2017 dated 09.06.2017 instituted for the offences under Sections 323, 504, 452, 380, 384, 406, 420, and 120(B) of the Indian Penal Code and Section 27 of the Arms Act. Learned counsel for the petitioner submits that initially, a complaint was lodged by the informant which later gave rise to the subject FIR. It has been alleged in the FIR that on the assurance of the petitioner, the informant had paid Rs. 10,000/- in the beginning and Rs. 50,000/- later, for the purposes of preparation of his passport and for going abroad. Later, when the money and the passport were demanded by the informant, the petitioner and others assaulted him and also took away Rs.

Patna High Court Cr.Misc. No.50666 of 2017 (3) dt.08-12-2017 30,000/- which he was carrying on his person. Learned counsel for the petitioner has submitted that on the same day, a cousin of the informant has lodged a case against the petitioner with similar allegation vide Andar P.S. Case No. 117 of 2017 dated 09.06.2017 in which the petitioner has been granted bail. The attention of this Court has further been drawn to Annexure -2 which is the FIR lodged by the accused no. 2 of this case against the informant and others. Learned counsel for the petitioner submits that there was some dispute with the informant and taking the advantage of the earlier cases lodged against the petitioner, the present case also has been lodged. The petitioner has denied of having induced the informant for paying money to him.

The cases in which the petitioner has been made accused in the past, it has been submitted, he is on bail in all of them. In the present case, the petitioner has been remanded on 16.08.2017. Considering the nature of accusation against the petitioner in the present case and the period of custody, this Court is inclined to grant bail to him.

In the facts and circumstances, the petitioner above named is directed to be released on bail on his furnishing bail bond in the sum of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned

Patna High Court Cr.Misc. No.50666 of 2017 (3) dt.08-12-2017 Additional Chief Judicial Magistrate, IX, Siwan in connection with Andar P.S. Case No. 118 of 2017.

(Ashutosh Kumar, J) KKSINHA/- U T