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Patna High CourtCR. MISC./31345/2024allowed

Azam v. The State Of Bihar

2024-09-25Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.31345 of 2024 Arising Out of PS. Case No.-2054 Year-2022 Thana- BHAGALPUR COMPLAINT CASE District- Bhagalpur ====================================================== 1.

Azam Son Of Niyamat Hussian R/Vill.- Mohiddinagar, P.S.- Habibpur, Dist.- Bhagalpur 2.

Nagina W/O Azam R/Vill.- Mohiddinagar, P.S.- Habibpur, Dist.- Bhagalpur ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Md. Nizam Son of Late Rasid R/Vill.- Mohiddinagar, P.S.- Habibpur, Dist.- Bhagalpur ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Rajive Ranjan Singh, Adv.

For the Opposite Party/s :

Mrs. Asha Devi, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 25-09-2024 Heard learned counsel for the petitioners and learned A.P.P. for the State.

2. The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 420/34 of the Indian Penal Code.

3. As per the prosecution case, the informant alleged that the petitioners have withdrawn money from the E.P.F. account of the informant.

4. Learned counsel for the petitioners submits that petitioners are innocent and have been falsely implicated in this case. The allegation levelled against the petitioners is not

Patna High Court CR. MISC. No.31345 of 2024(4) dt.25-09-2024 2/2 specific rather general and omnibus in nature. He submits that the allegation against the petitioners is false and fabricated, as the money of the E.P.F. and pension was deposited in the bank account and withdrawal of the said amount from the bank account is not possible. Petitioners have no criminal antecedent as mentioned in para-3 of this application.

5. Learned APP for the State opposes prayer for anticipatory bail.

6. Having regard to the facts and circumstances of the case, let the above named petitioners, be released on bail, in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of the learned lower Court where the case is pending/successor Court in connection with Complaint Case No.2054 of 2022, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

(Anjani Kumar Sharan, J) anand/- U T