Md. Abesh Alam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.58347 of 2018 Arising Out of PS.Case No. -297 Year- 2018 Thana -KRITYANAND NAGAR District- PURNIA ====================================================== Md. Abesh Alam son of Late Gulam Rabbani resident of village - Mohammadpur, P.S. K. Nagar, District Purnea.

.... .... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s : Mr. Bijendra Kumar Singh For the Opposite Party/s : Mr. Ashok Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 06-10-2018 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner seeks anticipatory bail in a case instituted for the offences under Sections 420, 406, 467, 468 and 34 of the Indian Penal Code.

Allegation has been made that the petitioner has taken Rs. 1,65,000/- for the purposes of execution of sale deed with respect to the land of Khata No. 175, Khesra No. 1781, Area 0.01.500 Sq. ft., but after taking the money he did not execute the sale deed.

Learned counsel for the petitioner submits that petitioner has taken only Rs. 35,000/- and having not taken rest of the amount.

Patna High Court Cr.Misc. No.58347 of 2018 (2) dt.06-10-2018 2 /2 The petitioner undertakes to pay Rs. 35,000/- to the informant and rest of the amount will be deposited by him in the court below in two equal installments within two months. In the meantime, in the event of arrest or surrender within four weeks from today, let petitioner, namely, Md. Abesh Alam, be released on provisional anticipatory bail on furnishing bail bonds of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Purnea in connection with K. Nagar (Champa Nagar) P.S. Case No.297 of 2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. It is made clear that the provisional anticipatory bail will be treated to have been confirmed after payment of the aforesaid money within the aforesaid period. If the petitioner fails to deposit the said money before the Court below, the provisional anticipatory bail granted to him will be treated to have been withdrawn.

(Shivaji Pandey, J) Vinay/Sunny U T