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Patna High CourtCR. MISC./23551/2025bail granted

Md. Doud Alam @ Md. Daud Alam v. The State Of Bihar

2025-07-23Mr. Justice Rajiv Roy4 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.23551 of 2025 Arising Out of PS. Case No.-275 Year-2021 Thana- EAST CHAMPARAN COMPLAINT District- East Champaran ====================================================== Md. Doud Alam @ Md. Daud Alam S/o Tabarak Husain Resident of village - Bhelva Bagahi P.S.- Ghorasahan, District- East Champaran ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Md. Kurshid Alam S/o Najre Alam Khan R/o vill - Madhu Chhapra, P.s.- Piprakothi, Distt.- East Champaran ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ajay Kumar Singh, Advocate For the Opposite Party/s :

Mr.Mohammad Sufyan, APP For the complainant :

Mr. Rajeev Ranjan, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 23-07-2025 Heard Mr. Ajay Kumar Singh, learned counsel for the petitioner and the State as also Mr. Rajeev Ranjan, learned counsel representing the informant/complainant.

2. The petitioner is apprehending arrest in connection with Trial No. 2460 of 2024 arising out of Complaint Case No. C-275 of 2021 instituted under Sections 420, 323, 504 of the Indian Penal Code and section 138 of the N.I. Act.

3. The allegation against the petitioner that the bamboos worth Rs. 3,00,000/- was sold by the accused with an assurance that the amount shall be returned. Later, a cheque of Rs. 2,75,000/- was bounced and when it was complained, he was threatened of dire consequences which led to the complaint.

4. Learned counsel for the petitioner submits that he

2/4 wants to materlize the matter by paying Rs. 2,75,000/- but economic condition is such that he is ready to pay in the following manner:

(i) Rs. 1,00,000/- at the time of furnishing bail bond;

(ii) Rs. 50,000/- by 25th August, 2025;

(iii) another Rs. 50,000/- by 25th September, 2025;

(iv) Rs. 50,000/- by 25th October, 2025;

(v) Rs. 25,000/- by November, 2025.

5. Learned counsel for the complainant submits that though for long time, the complainant has not chosen to make payment, in case, payment is being made, he has no objection.

6. Taking into account the aforesaid submission as also an undertaking has been given by the petitioner that he shall clearing Rs. 2,75,000/- in the manner as stated above, this Court is inclined to extend him the privilege of anticipatory bail. However, it is made clear that if the petitioner fails to abide by his own undertaking and defaults, the complainant shall be free immediately take steps for cancellation of his bail bond.

7. Let the petitioner be released on bail, in the event

3/4 of his arrest or surrender before the subordinate court within a period of four weeks from the receipt of this order, on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each in connection with Trial No. 2460 of 2024 arising out of Complaint Case No. C-275 of 2021 to the satisfaction of learned C.J.M., Motihari, East Champaran subject to the conditions as laid down under Section 438(2) of the Cr.P.C. as also the other conditions.

(i) one of the bailor should be the family member/relative of the petitioner who shall provide official document to show his/her bona fide;

(ii) the petitioner shall appear on each and every date before the Trial Court and failure to do so for two consecutive dates without plausible reason will entail cancellation of his bail bond by the Trial Court itself;

(iii) the petitioner shall appear before the concerned police station every fortnight for next six months to mark his attendance;

(iii) the petitioner shall co-operate in the investigation and make himself available to the police as and when required; (iv) the petitioner shall in no way try to induce or promise or threat the witnesses or tamper with the evidences,

4/4 failing which the State shall be at liberty to take steps for cancellation of the bail bonds;

(v) the petitioner shall desist from committing any criminal offence again, failing which the State shall be at liberty to take steps for cancellation of his bail bonds. (Rajiv Roy, J) Ravi/- U T