Firoz Alam @ Md. Firoz Alam @ Firoz Miyan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.39843 of 2024 Arising Out of PS. Case No.-439 Year-2023 Thana- DHAKA District- East Champaran ====================================================== 1.

Firoz Alam @ Md. Firoz Alam @ Firoz Miyan Son of Abid Hussain R/o Village- Auraiya, P.S.- Dhaka, District- East Champaran 2.

Afrida Khatun @ Afrida Khatoon Wife of Firoz Alam @ Md. Firoz Alam @ Firoz Miyan R/o Village- Auraiya, P.S.- Dhaka, District- East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Manoj Kumar, A.P.P.

Mr. A.K Singh, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 16-07-2024 Heard learned counsel for the petitioners, the state and the informant.

2. Petitioners apprehend arrest in a case registered for the offence punishable under sections 406, 420, 34 of the Indian Penal Code and section 138 of Negotiable instrument Act.

3. As per the prosecution case, petitioner no. 2 handed over a cheque of Rs. 4.25 lacs to the informant and the same got bounced due to insufficiency of fund.

4. It is submitted on behalf of the petitioners that there is no allegation at all against petitioner no.1 and petitioner no. 2 is author of the cheque in question. Petitioner is ready to deposit Rs. 1.25 lacs in the Nazarat of the Court below, subject

Patna High Court CR. MISC. No.39843 of 2024(2) dt.16-07-2024 2/2 to outcome of the case and without prejudice.

5. Considering the aforesaid facts of the case, prayer for bail of all the petitioners is allowed. In the event of arrest/surrender within six weeks from today, let these petitioners, mentioned above, be enlarged on bail on furnishing bail bond of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of Additional District and Sessions Judge, Motihari, East Champaran in connection with Dhaka P.S. No. 439 of 2023, subject to the conditions laid down under section 438(2) of the Code of Criminal Procedure.

6. Petitioner shall deposit Rs. 1.25 lacs in the Nazarat of the Civil Court and submit the receipt at the time of furnishing bail bond. Needless to state that this deposit would be without prejudice and shall be subject to the outcome of the case in the court below.

(Prabhat Kumar Singh, J) shashi/- U T