Ahmad Khan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.38367 of 2025 Arising Out of PS. Case No.-373 Year-2024 Thana- BAHADURGANJ District- Kishanganj ====================================================== Ahmad Khan Son of Rajique khan @ Rajik Khan Resident of village Parariya, Police station- Sikti, District Araria ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ramesh Kumar Singh, Advocate For the Opposite Party/s :
Mr. Rabindra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 25-06-2025 Heard the parties.
2. The petitioner is apprehending his arrest in connection with Bahadurganj P.S. Case No. 373 of 2024 for the offence under sections 316(2), 316(3) and 303(2) of the B.N.S. lodged on 19.12.2024 by the informant, Vinay Kumar.
3. As per the prosecution story, the informant who is Area Manager of Sotin Credit Care Network Ltd. alleged that the petitioner who was working as a staff, collected Rs. 95,805/- from the different clients and thereafter disappeared. As he failed to deposit the amount and/or chose not to contact the Office, the FIR.
4. Learned counsel for the petitioner submits that his entire details are available in the Office was never contacted nor there is any details of the payment. However, since the allegation has come, without accepting the allegation and/or the outcome of
Patna High Court CR. MISC. No.38367 of 2025(2) dt.25-06-2025 2/3 the present petition, he on his own would like to deposit Rs. 95,805/- in two installments to the Company subject to outcome of the final verdict in the present case.
5. Learned APP opposes the prayer submitting that while petitioner claims that he was never contacted despite having address, it is not his case that he ever visited the office to clarify the issue and/or if any payment is to be made to clear the same.
6. Taking into account the submissions of the parties as also that allegation is there, the petitioner is ready to pay the amount has no criminal antecedent, in that background, this Court is inclined to extend him the privilege of anticipatory bail with conditions subject to payment of Rs. 95,805/- in the following manner:
(i) 50,000/- at the time of execution of bail bond; (ii) Rest 45,805/- by 31st of July, 2025.
7. Let the petitioner be released on bail in the event of arrest or surrender within a period of four weeks from the receipt of this order, on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of like amount each to the satisfaction of learned Chief Judicial Magistrate, Kishanganj in connection with Bahadurganj P.S. Case No. 373 of 2024 subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (i) one of the bailor should be the family
Patna High Court CR. MISC. No.38367 of 2025(2) dt.25-06-2025 3/3 member/relative of the petitioner who shall provide official document to show his/her bona fide;
(ii) the petitioner shall appear on each and every date before the Trial Court and failure to do so for two consecutive dates without plausible reason will entail cancellation of his bail bond by the Trial Court itself;
(iii) the petitioner shall appear before the concerned police station every fortnight for next six months to mark his attendance;
(iv) the petitioner shall in no way try to induce or promise or threat the witnesses or tamper with the evidences, failing which the State shall be at liberty to take steps for cancellation of the bail bonds;
(v) the petitioner shall desist from committing any criminal offence again, failing which the State shall be at liberty to take steps for cancellation of his bail bonds. (Rajiv Roy, J) Adnan/- U T