Mokhtar Ahamad v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.41090 of 2024 Arising Out of PS. Case No.-1004 Year-2023 Thana- SHASTRINAGAR District- Patna ====================================================== Mokhtar Ahamad Son of Jumaddin Ahamad Resident of Sangram Apartment - 1 Samanpura, P.S. - Shastrinagar, District - Patna ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Satish Kumar Singh, Advocate Dr. Bipin Chandra, Advocate For the Opposite Party/s :
Mr. Pramod Kumar Pandey, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 31-07-2024 Heard learned counsel for the petitioner and the State.
2. Petitioner apprehends arrest in a case registered for the offences punishable under Sections 419, 420, 467, 468, 504, 506/34 of the Indian Penal Code.
3. It is alleged that despite taking consideration money, pursuant to an agreement between the parties, this petitioner refused to execute sale deed in favour of the informant and also failed to refund the amount.
4. Learned counsel for the petitioner submits that the dispute is with respect to sale and purchase of land between the parties. Even if the allegations are accepted to be true, this petitioner cannot be said to have committed any offence of cheating or criminal breach of trust. The dispute is essentially of civil in nature. Petitioner claims clean
Patna High Court CR. MISC. No.41090 of 2024(3) dt.31-07-2024 2/2 antecedent.
5. Considering the facts and circumstances of the case, this anticipatory bail is allowed and it is ordered that let the above named petitioner in the event of his arrest/surrender before the court below within a period of six weeks from today, 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 Sub-Judge-IX-cum-Additional Chief Judicial Magistrate-IX, Patna in connection with Shastri Nagar P. S. Case No. 1004 of 2023, subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure. (Prabhat Kumar Singh, J) Navya/- U T