Gogha @ Golden Quraishi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.69789 of 2018 Arising Out of PS. Case No.-221 Year-2018 Thana- PHULWARISHARIF District- Patna ====================================================== Gogha @ Golden Quraishi, Son of Nammu Quraishi, Resident of Kasai Tola, P.S. Phulwari Sharif, Distt.-Patna ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Manish Dhari Singh For the Opposite Party/s :

Mr. Ram Bilash Roy Raman ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 04-12-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending arrest in a case registered for the offences punishable under Sections 385, 386, 387, 427 and 120(B)/34 of the Indian Penal Code.

The prosecution case as per the written report of Parwez Ahmed, submitted to the SHO Phulwari Sharif, P.S. is to the effect that the petitioner deals in real estate business and the informant received phone calls and extortion of Rs. 20 Lac and one katha land was made. It is further alleged that one night before the lodging of this FIR, boundary wall of informant's friend was demolished and threat was given.

Patna High Court Cr.Misc. No.69789 of 2018(2) dt.04-12-2018 2/3 It is submitted by learned counsel for the petitioner that no actual date of demand of extortion is mentioned in the written report. In fact the informant entered into an agreement with the petitioner and one Md. Faizaan for the purchase of the land for which petitioner paid a consideration amount for the said land. Subsequently, the petitioner came to know that the informant has no title over the land in question and when the petitioner requested for return of money, the present case has been lodged with false accusation. A statement has been made in paragraph no.3 of the petition that the petitioner is not having any criminal antecedent.

It is submitted by learned APP for the State that there is specific accusation against the petitioner.

Considering the fact that even assuming the accusation to be true, prima facie, no case under Sections 386 and 387 of the IPC is made out, coupled with statement made in paragraph no.3 of the petition that the petitioner is not having any criminal antecedent, let the above named petitioner be released on anticipatory bail, in the event of arrest or surrender before the learned Court below within a period of 12 weeks from today, on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the

Patna High Court Cr.Misc. No.69789 of 2018(2) dt.04-12-2018 3/3 satisfaction of the learned Sub Judge-XV, Patna in connection with Phulwari Sharif P.S. Case No. 221 of 2018, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Dinesh Kumar Singh, J) Deepak/Rahul/- U T