Mohammad Abdullah v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.36581 of 2024 Arising Out of PS. Case No.-856 Year-2023 Thana- KOTWALI District- Patna ====================================================== MOHAMMAD ABDULLAH SON OF HAJI JAINUDDIN DINBANDI RESIDENT OF NEAR MADARSA, WARD NO. 11, DERBANDHE, SUPAUL, BIHAR, PIN 854339 ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Anshuman, Advocate For the Opposite Party/s :
Mr. Pramod Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 12-08-2024 Heard learned counsel for the petitioner and the State .
2. Petitioner apprehends arrest in a case registered for the offence punishable under sections 406, 420 and 120 (B) of the Indian Penal Code .
3. As per the prosecution case, one Md. Amanullah, who is the son of this petitioner, had deposited Rs. 31,20,000/- in the accounts of Amanullah and Tarakki Pharmacy, and the rest of the amount was paid to his wife and father, but they did not share the profit of the business with the informant. When the informant demanded his invested amount, then co-accused Md. Amanullah gave five federal bank account cheques, which on presentation could not be encashed due to lapse of time .
Patna High Court CR. MISC. No.36581 of 2024(3) dt.12-08-2024 2/3
4. Learned counsel for the petitioner submits that petitioner has falsely been made accused in this case merely because he happens to be the father of co-accused Md. Amanullah. It is co-accused Md. Amanullah, who is the director of the aforementioned company in question. The entire money transaction took place between the informant and Md. Amanullah. So far as this petitioner is concerned, he has neither any concern with the company of Md. Amanullah nor he has knowledge regarding the transaction of alleged money. Petitioner has not received a single penny from anyone. It is further submitted that the informant has also filed one criminal complaint case (P) bearing No. 9365 of 2023 against the same accused persons of Kotwali (Patna) Police Station Case No. 856 of 2023 prior to this case in the same court of learned CJM Patna. Petitioner claims clean antecedent.
5. Learned counsel for the State opposes the bail petition of the petitioner.
6. Considering the aforesaid facts and circumstances of the case, in the event of arrest or surrender within six weeks from today, let the petitioner, as named above, be enlarged on bail on furnishing bail bond of Rs.10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of the
Patna High Court CR. MISC. No.36581 of 2024(3) dt.12-08-2024 3/3 learned CJM Patna in connection with Kotwali (Patna) P.S. case No. 856 of 2023 , subject to the conditions laid down under section 438(2) of the Code of Criminal Procedure . (Prabhat Kumar Singh, J) Koushik/- U T