Md. Ajaj Ahmad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.30234 of 2023 Arising Out of PS. Case No.-888 Year-2020 Thana- BHAGALPUR COMPLAINT CASE District- Bhagalpur ====================================================== MD. AJAJ AHMAD S/O MD. ABBAS R/O Mohalla- Barahpura, P.SIshakchak, Distt.- Bhagalpur. ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Md. Iliyas S/O Late Abdul Razzaque R/O Mohalla- Mojahidpur (Paschim Tola), P.S- Mojahidpur, Distt.- Bhagalpur.

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

For the Petitioner/s :

Mr. Md. Najmul Hodda For the Opposite Party/s :

Mr. Nawal Kishore Prasad :

Mr. Braj Nandan Kumar Tiwary :

Mr. Bachan Jee Ojha ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 18-09-2023 Heard learned counsel for the petitioner and learned APP for the State assisted by learned counsel for the complainant.

2. The petitioner is apprehending his arrest in a case registered for the offences punishable under Section 420 of the Indian Penal Code pending in the learned court below.

3. As per the prosecution case, petitioner has taken sum of Rs.5,00,000/- from the informant on that assurance that he will return the amount within six months but returned the same.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this

Patna High Court CR. MISC. No.30234 of 2023(3) dt.18-09-2023 2/2 case. He further submits that the complainant has not brought any evidence on record on this case to support the allegation with regard to give Rs.5,00,000/- to the petitioner and he has taken his thumb on blank paper. He submits that there is civil dispute between the parties. He further submits that petitioner has got criminal antecedent as stated in para-3 of the bail application.

5. Learned APP for the State along with learned counsel for the complainant opposes for prayer for bail.

6. Considering the aforesaid facts and circumstances and the fact that there is civil dispute between the parties, let the petitioner, named above, in the event of his arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail, on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount to the satisfaction of the learned Court below, where the case is pending/Successor court, in connection with Complaint Case No.888/2020, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. (Anjani Kumar Sharan, J) ajay/- U T