Razi Ahmad v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.1125 of 2017 Arising Out of PS.Case No. -416 Year- 2014 Thana -LAHERIASARAI District- DARBHANGA ====================================================== Razi Ahmad Son of Md. Sadique, resident of village- Khaja Sarai, P.S.- Laheria Sarai and District- Darbhanga .... .... Petitioner/s

Versus

1. State of Bihar

2. Gulam Kadari, son of Late Hajiz Muzaffar Alam, resident of villageJalpara, P.S. Keoti, Dist.-Darbhanga. At present resident of MohallaRahamganj, P.S. Laheriasarai, Distt.- Darbhanga .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Girish Chandra Jha For the Opposite Party/s : Mr. Bharat Lal ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 13-01-2017 Heard learned counsel for the petitioner and learned counsel appearing on behalf of the State.

The petitioner is apprehending his arrest in connection with Laheriasarai P.S. Case No. 416 of 2014 for the offences instituted under Sections 419 and 420 of the Indian Penal Code. The allegation against the petitioner is that even a sum of Rs. 1, 50,000/- was paid to him, the land in question was not being executed in favour of the informant nor the complete money was returned to the informant.

It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. He has

Patna High Court Cr.Misc. No.1125 of 2017 (2) dt.13-01-2017 2/2 falsely been implicated in the present case. The petitioner has been made accused due to mistake of fact. It is further submitted that the petitioner is ready to deposit an amount of Rs. 85,000/- in the court below within a period of 4 months and said amount be released in favour of the informant, which shall be subject to the final disposal of the case.

On behalf of the State, it has been 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 provisional bail for a period of four months on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Darbhanga, in connection with Laheriasarai P.S. Case No. 416 of 2014. If the amount of Rs. 85,000/- is deposited within four months, the court below shall confirm the provisional bail granted to the petitioner. If the petitioner fails to do so, the court below shall be at liberty to cancel the provisional bail granted to the petitioner. (Sudhir Singh, J.) Amit/- U T