Hamiddullah @ Md. Hamiddullah v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No. 19015 of 2020 ========================================================== Hamiddullah @ Md. Hamiddullah, aged about 39 years, male, Son of Amirullah, R/o Village-Siswa, P.S.-Banjariya, District-East Champaran. ...........Petitioner/s
Versus
The State of Bihar ..........Opposite Party/s ========================================================== Appearance:
For the Petitioner/s : Mr. Karandeep Kumar, Adv. For the State : Mohammad Sufyan, APP =========================================================== CORAM : HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 02/- 21-07-2020 Heard Mr. Karandeep Kumar, learned counsel for the petitioner and Mohammad Sufyan, learned APP for the State.
The petitioner seeks bail in anticipation of his arrest in connection with Turkaulia (Banjaria) P.S. Case No. 609 of 2019 (G.R. Case No. 6537 of 2019) instituted for the offences under Sections 406 and 420 of the Indian Penal Code.
The allegation against the petitioner is of having misappropriated an amount of Rs. 1,60,000/- and not transferring the property which he had promised to the informant. It has been submitted on behalf of the petitioner that there is no proof of the fact that a amount of Rs. 1,60,000/- was ever paid. In fact, as has been argued, the informant is the co-villager and agnate of the petitioner, who wants to take control over the land belonging to the petitioner. It has further been submitted that the informant forcibly wants to have possession of the land and, therefore, has put up the aforesaid false story.
Considering the facts afore-stated, the petitioner above-named, in the event of his arrest/surrender before the Court below within a period of six weeks from today, is directed to be released on bail on his furnishing bail-bond in the sum of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the
satisfaction of learned Chief Judicial Magistrate, East Champaran, Motihari in connection Turkaulia (Banjaria) P.S. Case No. 609 of 2019 (G.R. Case No. 6537 of 2019), subject to the conditions as laid down under Section 438(2) of the Cr.P.C.
The application stands allowed.
(Ashutosh Kumar, J.) Praveen-II/- U T