Md.Atullah v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.38092 of 2024 Arising Out of PS. Case No.-630 Year-2023 Thana- KOTWALI District- Patna ====================================================== Md.Atullah Son Of Abdul Rasid Resident Of Village- Budha Nagar, Village And Post- Islampur, Dist- Nalanda At Present Isopur Naharpur, Phulwari Sharif. P.S.- Phulwarisharif, Dist- Patna ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Brij Bihari Tiwary, Advocate For the State :
Mr. Uma Shankar Prasad Singh, APP For the Informant :
Mr. Manish Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 31-07-2024 Heard learned counsel for the petitioner and learned APP for the State as also learned counsel for the informant. 2.
The petitioner seeks bail in connection with Kotwali P.S. Case No. 630 of 2023 instituted for the offence under Sections 341, 342, 323, 506, 379, 420 & 34 of the Indian Penal Code.
3.
Prosecution case is that informant used to chat with one 'Md. Firdous' who called him to meet in a hotel situated at Dak Bunglow, whereafter, it is alleged that some unknown persons assaulted the informant and forcibly transferred an amount of Rs. 5 lakhs to their bank accounts though mobile phone of the informant.
Patna High Court CR. MISC. No.38092 of 2024(3) dt.31-07-2024 2/3 4.
It has been submitted on behalf of the petitioner that the petitioner is in custody since 09-10-2023. Petitioner bears three criminal antecedents, as per disclosure made in paragraph No. 3 of the bail application.
5.
It has been further submitted by the petitioner's counsel that petitioner has been falsely implicated in the present case. It is submitted that 'Md. Firdous' and informant knows each other and they used to chat through 'Grinder' app and petitioner has no concern with the app as well as the alleged occurrence, but the amount of Rs. 95,000/- has been transferred in his account with ulterior motive to implicate the petitioner in this case. Learned counsel for the petitioner submits that petitioner is ready to return an amount of Rs.95,000/- to the petitioner in three installments, if he is enlarged on bail. 6.
Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner. Learned counsel for the informant submits that informant has no objection, if petitioner is ready to pay Rs. 95,000/- to the informant.
7.
Considering the aforesaid facts and circumstances of the case, period of custody of the petitioner and the fact that petitioner is ready to pay Rs. 95,000/- to the informant, this
Patna High Court CR. MISC. No.38092 of 2024(3) dt.31-07-2024 3/3 Court is inclined to grant bail to the petitioner. 8.
Let the petitioner 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 Court below/concerned Court in connection with Kotwali P.S. Case No. 630 of 2023, subject to the following conditions:
(I) The first of the installment to the tune of Rs. 30,000/- will be deposited to the informant within a period of one month from the date of release of the petitioner and thereafter rest two installments i.e., Rs. 32,500/- and Rs. 32,500/- shall be deposited by the petitioner within a period of three months from the date of credit of first installment. (II) In case of violation of aforesaid condition, the informant will be at liberty to move for cancellation of bail bonds of the petitioner.
(Rudra Prakash Mishra, J) Raj Kishore/- U T