Md. Motiure Rahman @ Md. Matiure Rahman v. The State Of Bihar Through The District Magistrate, Purnea And ORS.
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.32914 of 2013 Arising Out of PS.Case No. -274 Year- 2011 Thana -BAUSI District- PURNIA ======================================================
1. Md. Motiure Rahman @ Md. Matiure Rahman S/O Late Hazi Abdul Zabbar Resident Of Village- Khutiya, P.S- Baisi, District- Purnea. .... .... Petitioner/s
Versus
1. The State Of Bihar Through The District Magistrate, Purnea
2. Md. Shamim Raja S/O Md. Gayasuddin Resident Of Village- Khutiya, P.S- Baisi, District- Purnea.
3. Md. Gulam Rabbani S/O Khursid Alam Resident Of Village- Tarabari, P.S- Baisi, District- Purnea.
4. Md. Fakre Alam S/O Badarul Ahssan Resident Of Village- Harintor, District- Purnea.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Amit Kumar Anand For the Opposite Party/s : Mr. Rajeev Nayan(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 19-10-2016 The present application has been filed for cancellation of bail of opposite party nos. 2 to 4 who were granted provisional anticipatory bail for six months vide order dated 31.07.2012 passed in Cr. Misc. No. 26185 of 2012 in connection with Baisi P.S. Case No. 274 of 2011 registered under Sections 420, 409, 467, 468, 471, 120B of the Indian Penal Code. The provisional bail of the opposite party nos. 2 to 4 was to be confirmed by learned Court below on getting verification with regard to the deposit of Rs. 2,57,500/- by each opposite party.
The order of learned Chief Judicial Magistrate, Purnea dated 12.02.2013 reflects that on
Patna High Court Cr.Misc. No.32914 of 2013 (2) dt.19-10-2016 2/2 submission of Nazarat slip and a letter issued by Block Development Officer, Baisi vide letter No. 2391 dated 17.08.2012 with regard to payment of Rs. 2,57,500/- by each opposite party, the learned Chief Judicial Magistrate, Purnea confirmed the provisional bail of the opposite party nos. 2 to 4. It is submitted by learned counsel for the petitioner that the said amount was deposited through cheques but the cheques got bounced.
Since the provisional bail of the opposite party nos. 2 to 4 was confirmed by learned Chief Judicial Magistrate, Purnea, hence, the application is disposed of with liberty to the petitioner to file appropriate application before learned Court below. However, there is nothing on record to suggest that Block Development Officer, Baisi has filed any application with regard to bouncing of cheques. Accordingly the application is disposed of in connection with Baisi P.S. Case No. 274 of 2011, pending in the Court of learned Chief Judicial Magistrate, Purnea. (Dinesh Kumar Singh, J) Shageer/- U T