Md. Shahjahan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.35573 of 2015 Arising Out of PS.Case No. -375 Year- 2010 Thana -KAHALGAON. District- BHAGALPUR ====================================================== Md. Shahjahan, S/o late Fargue Ajam resident of Mohalla- Barahdari, Near Dairy, Masjid, P.S. Bihar Sharif, District Nalanda. .... .... Petitioner

Versus

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

For the Petitioner : Mr. Arvind Kumar Mouar, Advocate.

For the Opposite Party : Mr. Satyendra Narayan Singh(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 22-07-2016 Heard both sides.

The petitioner apprehends his arrest in Kahalgaon (N.T.P.C.) P.S. Case No. 375 of 2010 registered for the offences punishable under Sections 420, 406 and 34 of the Indian Penal Code.

The prayer for anticipatory bail of the petitioner was earlier rejected vide order dated 20.04.2015 passed in Cr. Misc. No. 36942 of 2014. The petitioner again moved for anticipatory bail and submitted that the petitioner is ready to return Rs. 26,000/- which was transferred in the account of the petitioner. It appears that Rs. 40,000/- was withdrawn from the A.T.M. and thereafter Rs. 26,000/- was withdrawn and transferred to the account of the petitioner.

Patna High Court Cr.Misc. No.35573 of 2015 (2) dt.22-07-2016 2/2 Considering the facts aforesaid, I am not inclined to enlarge the petitioner above named on anticipatory bail. Accordingly, the same is rejected.

However, the petitioner, if so advised, may surrender before the court below within four weeks from the date of receipt/production of a copy of this order and pray for regular bail, his prayer shall be considered on its own merit without being prejudiced by this order.

(Prabhat Kumar Jha, J.) KKSINHA/- U T