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Patna High CourtCR. MISC./30003/2024bail granted

Ejaz Khan @ Khurshid Alam v. The State Of Bihar

2024-04-30Mr. Justice Chandra Prakash Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.30003 of 2024 Arising Out of PS. Case No.-82 Year-2023 Thana- NEORA District- Patna ====================================================== Ejaz Khan @ Khurshid Alam SON OF MD. MUMTAZ @ MUMTAZ KHAN RESIDENT OF VILLAGE- VISIA, PS- DILDAR NAGAR, DISTGAZIPUR UP, P/A- RESIDING AT HOUSE NO. 846, MEDICAL COLONY, DANAPUR, PS- KHAGAUL, DISTT- PATNA ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shivnandan Bharti, Adv.

For the Opposite Party/s :

Mr.Ashok Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 30-04-2024 Heard learned counsel for the petitioner and learned A.P.P for the State.

2. The petitioner has preferred this application for grant of regular bail in connection with Neora P.S. Case No. 82 of 2023 dated 17.12.2023 registered for the offences punishable u/ss 419, 420, 467, 468 and 471 of the Indian Penal Code.

3. As per the prosecution case, the petitioner is alleged to have taken Rs. 3 lakhs from the informant on the pretext of providing job either in Railway or in Bihar Police. After some days, when the informant tried to contact him, he found his mobile phone switched off. It is further alleged that the petitioner also cheated many people on the pretext of providing

Patna High Court CR. MISC. No.30003 of 2024(2) dt.30-04-2024 2/3 job. After all, they found the petitioner and caught hold of him and took him to concerned police station.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. There is no evidence showing that the informant has paid any amount to the petitioner. The petitioner has one more criminal antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 18.12.2023.

5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Danapur, Patna in connection with Neora P.S. Case No. 82 of 2023. with a condition/s:- (i). The petitioner is directed to remain physically present before the learned Court below on each and every date, failing which on two consecutive dates without reasonable cause, the bail bond of the petitioner is liable to cancelled. (ii). If the petitioner is found involved in similar

Patna High Court CR. MISC. No.30003 of 2024(2) dt.30-04-2024 3/3 nature of offence in future, the prosecution will be at liberty to move for cancellation of his bail bond.

7. The application stands allowed.

(Chandra Prakash Singh, J) annpurna/- U T