Manjoor Alam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.19075 of 2024 Arising Out of PS. Case No.-476 Year-2023 Thana- KUCHAIKOTE District- Gopalganj ====================================================== Manjoor Alam Son of Mohammad Mustaque @ Laddu Mian Resident of vill.- Khajuri, P.S.-Kuchaikote, Distt.-Gopalganj ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Dineshwar Prasad Singh, Advocate For the Informant :

Mr. Najeeb Ahmad, Advocate :

Mr. Thakur Brajesh Singh, Advocate For the Opposite Party/s :

Ms. Sangeeta Sharma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 15-03-2024 Heard learned counsel for the petitioner, learned counsel for the informant and learned APP for the State.

2. The petitioner seeks bail in connection with Kuchaikote P.S. case No. 476 of 2023 instituted for the offences under Sections 379 and 420 of the Indian Penal Code.

3. It is alleged that this petitioner fraudulently withdrew Rs. 75,000/- from the account of the informant.

4. Learned counsel for the petitioner submitted that the petitioner is innocent and has falsely been implicated in the present case due to enmity. Learned counsel further submitted that during investigation, police took statement of several witnesses but none of them have supported the case the

Patna High Court CR. MISC. No.19075 of 2024(2) dt.15-03-2024 2/2 informant except his family members. Charge-sheet has been submitted in this case. Learned counsel further submitted that petitioner is ready to return Rs. 35,000/- to the informant. It has been submitted on behalf of the petitioner that the petitioner is in custody since 23.09.2023 and has two criminal antecedents.

5. Learned A.P.P. for the State and learned counsel for the informant have vehemently opposed the prayer for grant of bail to the petitioner.

6. Considering the aforesaid facts and circumstances of the case, period of custody undergone by the petitioner, and since the petitioner is ready to pay Rs. 35,000/- to the informant this Court is inclined to grant bail to the petitioner.

7. Let the petitioner be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Kuchaikote P.S. case No. 476 of 2023, after verifying the fact that petitioner has paid Rs. 35,000/- (Thirty Five thousand) to the informant. (Rudra Prakash Mishra, J) Alok Verma/- U T