Md. Sahwaj @ Md. Shahbaj Alam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.43420 of 2023 Arising Out of PS. Case No.-801 Year-2022 Thana- SHERGHATI District- Gaya ====================================================== Md. Sahwaj @ Md. Shahbaj Alam S/O Md. Faiyaz Ansari Resident Of Bhat Bigha, P.S.-Barachatti, District-Gaya ... ... Petitioner/s

Versus

1. The State of Bihar

2. Ravi Kumar, S/O Surendra Kumar Gupta, R/O Village - Gola Bazar, Sherghati, P.S. - Sherghati, District - Gaya ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Sanjay Kr. Sinha, Advocate For the Opposite Party/s :

Mr.Kalyan Shankar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 10-10-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 420, 406 and 34 of the Indian Penal Code.

3. It is alleged that the petitioners along with other coaccused persons have taken money from the informant in the name of trading and assured that money became double in the next three months but they failed to return the actual amount of informant too.

4. It is submitted by learned counsel for the petitioner that the petitioner has been falsely implicated in this case. The petitioner has no criminal antecedent. He further submits that there

Patna High Court CR. MISC. No.43420 of 2023(3) dt.10-10-2023 2/2 is a money dispute in this case and informant has not deposited the amount in the account of petitioner but in the account of coaccused Md. Saif Ali. He further submits that the matter is compromise between the parties and on agreement signed between them and as per the agreement, petitioner and other accused persons have to pay Rs. 2,20,000/- to informant out of which the informant was already given Rs. 75,000/- which is also clear from the annexure -2 of this bail petition.

5. Learned APP for the State opposes prayer for anticipatory bail.

6. Having regard to the facts and circumstances of the case, let the above named petitioner, be released on bail, in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned lower Court where the case is pending/successor Court in connection with Sherghati P.S. Case No.801 of 2022, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. (Anjani Kumar Sharan, J) saurabhkr/- U T