Sarwar Nazmi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.80350 of 2018 Arising Out of PS. Case No.-348 Year-2011 Thana- KOTWALI District- Patna ====================================================== Sarwar Nazmi son of Akhtar Sayed resident of 302, Nafish Palace, Pirbahore, P.S-Pirbahore, Distt.-Patna, at present Kailash Apartment, Flat no.201, Arya Smaj Road no.10, R.P.S. More, P.S-Danapur, Distt.-Patna, State-Bihar ... ... Petitioner/s

Versus

1.The State Of Bihar

2. Renu Sinha, Vikash Nagar, Madnani Lane, Mithanpura, P.O. Ramna, P.S. Mithanpura, Distt. Muzaffarpur, at present Flat No.202, Sarswati Niketan, I.A.S. Colony, East Kidbaipuri, Patna.

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

For the Petitioner :

Mr.Brajesh Kumar, Advocate For the State :

Mr. Jitendra Kumar Singh, APP For the O.P. No.2 :

Mr. Rai Vijay Kumar Sinha, Advocate Mr. Dhirdyuti Kumar Verma, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 24-07-2019 Supplementary affidavit has been filed on behalf of the petitioner. Same be kept on the record.

In the light of the statement made in the supplementary affidavit, counsel for the petitioner is permitted to make necessary correction in paragraph 3 of the main petition in course of the day.

Heard learned counsel for the petitioner, learned APP for the State and learned counsel for the opposite party No.2. The petitioner seeks bail in a case registered under Sections 420, 467, 468, 120(B) of the Indian Penal Code. Allegation is that the accused persons including the

Patna High Court CR. MISC. No.80350 of 2018(6) dt.24-07-2019 2/3 petitioner committed conspiracy and created forged documents and by cheating the informant they have created an agreement in respect of her flat to grab the same.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 28.09.2018. Charge sheet has been submitted in this case. There is no allegation of tampering of witnesses alleged against the petitioner.

On behalf of the petitioner, a demand draft no.018266 of IDBI Bank of an amount of Rs.4,90,000/- is being handed over to the counsel for the informant. As per allegation made in the F.I.R., for the purpose of purchase of the flat, a cheque was entrusted to the petitioner for Rs.4,90,000/-. The petitioner is handing over the draft of the said amount to the counsel for the informant Mr. Dhirdyuti Kumar Verma, A.O.R. No.04660, which is issued in favour of the opposite party No.2, who signs in the margin of the order sheet in token of receipt of the same. On behalf of the State, it is submitted that the petitioner is named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial

Patna High Court CR. MISC. No.80350 of 2018(6) dt.24-07-2019 3/3 Magistrate, Patna in connection with Kotwali P.S. case No.348 of 2011.

(Sudhir Singh, J) Narendra/- U T