Nasim Ahmad And ANR v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.18307 of 2017 Arising Out of PS.Case No. -1564 Year- 2013 Thana -COMPLAINT CASE District- ARRARIA ======================================================
1. Nasim Ahmad, S/o Late Shamim Ansari, R/o Dharbhangia, Tola Ward No. 12, Forbesganj, P.S.- Forbesganj, Dist.- Araria.
2. Banti Yadav, S/o Late Birendra Yadav, Resident of Village- Mandal Chowk, Koshi Railway Colony, Batiyahi, P.S.- Forbesganj, Dist.- Araria. .... .... Petitioner/s
Versus
1. The State of Bihar.
2. Md. Imamuddin s/o Haji Samiruddin Marhum, r/v- Pothia, P.S. - Simratha, District - Araria .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Arvind Kumar Sharma, Adv. For the Opposite Party/s : Mr. Rajendra Singh Shastriji, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 10-07-2017 Heard both sides.
The petitioners apprehend their arrest in Complaint Case No. 1564C/2013, registered for the offences punishable under Sections 406, 417, 120B of the Indian Penal Code. The complainant alleged that Md. Noman came and persuaded him to purchase Scorpio Vehicle of the petitioners. On such the complainant paid Rs. 2,50,000/- to Md. Noman executed agreement of the vehicle in the favour of the complainant. It is submitted that nothing has been alleged against the petitioners. The petitioners only accompanied Md. Noman to the house of the complainant.
Patna High Court Cr.Misc. No.18307 of 2017 (4) dt.10-07-2017 2/2 On the other hand learned counsel for the complainant vehemently opposed the prayer for anticipatory bail of the petitioners and submitted that the money was distributed amongst all the three persons, but perusal of agreement arrived at between Md. Noman and the complainant, it appears that Md. Noman received money and petitioners became witnesses of the aforesaid agreement.
Considering the facts aforesaid, the petitioners above-named, in the event of their arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, are directed to 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 Judicial Magistrate Ist Class, Araria, in connection with Complaint Case No. 1564/2013, subject to the conditions as laid down under Section 438(2) of the Cr. P.C. (Prabhat Kumar Jha, J.) Vinita/- U T