Patna High CourtCR. MISC./38176/2025bail granted

Imteyaz Ahmad v. The State Of Bihar

2025-06-19Mr. Justice Rajesh Kumar Verma4 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.38176 of 2025 Arising Out of PS. Case No.-234 Year-2025 Thana- ALAMGANJ District- Patna ====================================================== Imteyaz Ahmad S/O Md. Motiur Rahman R/O Vill.- Parsauniya, P.S.- Mahua, District- Vaishali, Bihar ... ... Petitioner/s

Versus

The State of Bihar 2.

Md. Basir S/O Late Md. Abul Kaish R/O New Ajimabad Colony, P.s.- Bahadurpur, Dist.- Patna.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Vishal Vikram Rana, Advocate For the Opposite Party/s :

Mr. Pradeep Narain Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 19-06-2025 Heard Mr. Vishal Vikram Rana, learned counsel for the petitioner and Mr. Pradeep Narain Kumar, learned Additional Public Prosecutor for the State.

2. The petitioner is apprehending his arrest in connection with Aalamganj P.S. Case No. 234 of 2025, F.I.R. dated 03.03.2025 for the offences punishable under Sections 316(2), 318(4) of the Bhartiya Nyay Sanhita, 2023.

3. As per the First Information Report, the informant alleged that the petitioner extracted Rs.15,00,000/- from him in the name of business.

4. Learned counsel for the petitioner submits that petitioner has clean antecedent and he has falsely been

2/4 implicated in the present case.

5. Learned counsel for the petitioner on instructions submits that the petitioner is ready to pay the Rs. 5,00,000/- (Rupees Five Lakh) at the time of furnishing bail bond and rest Rs. 10,00,000/- (Rupees Ten Lakh) to be paid within 5 months as 2 lakh each month.

6. Learned counsel for the Informant submits that he has no objection if the petitioner is ready to pay the amount in question.

7. The learned Additional Public Prosecutor has vehemently opposed the prayer for bail of the petitioner.

8. Considering the aforesaid facts and circumstances, let the petitioner, above named, in the event of arrest or surrender before the court below within a period of thirty days from the date of receipt of the order, be released 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 learned A.C.J.M-6th, Patna City in connection with Alamganj P.S. Case No. 234 of 2025, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure / Section 482(2) of the Bhartiya Nagarik Suraksha Sanhita and with other following conditions:-

3/4 i. At the time of furnishing bail bond, the petitioner shall produce a demand draft of Rs. 5,00,000/- (Rupees Five Lakh) in favour of the Informant and learned court below is directed to handover the said demand draft to the Informant or his representative and rest amount of Rs. 10,00,000/- (Rupees Ten Lakh) shall be paid to the Informant within a period of five months. If the petitioner fails to deposit the rest amount of Rs. 10,00,000/- (Rupees Ten Lakh) to the Informant, the Informant shall be at liberty to move before the appropriate forum for cancellation of bail bond of the petitioner.

ii. Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the court and on his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the Court below. iii. If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

iv. And further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for

4/4 cancellation of bail bond of the petitioner. However, the acceptance of bail bond in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.

(Rajesh Kumar Verma, J) Suruchi/- U T