Md. Kasim v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.38518 of 2019 Arising Out of PS. Case No.-657 Year-2017 Thana- COMPLAINT CASE District- Araria ====================================================== MD. KASIM S/o Allauddin Resident of Village- Pathraha, Ghurana Bazar, Ward No. 6, Hazi Tola, P.S.- Ghurana, District- Araria. ... ... Petitioner/s

Versus

1.

THE STATE OF BIHAR 2.

Md. Azad S/o Late Rauf Resident of Village- Purana Jogbani, Ward No. 01, P.S.- Jogbani, District- Araria.

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

For the Petitioner/s :

Mr.Abhijeet Gautam For the Opposite Party/s :

Mr.Zainul Abedin ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 18-10-2019 Heard learned counsel for the parties.

Petitioner is apprehending his arrest in connection with Complaint Case No.657C/2017 , registered for offences punishable under Section 420 of the Indian Penal Code. As per the complaint case, there is allegation of taking Rs.03,05,000/- by the petitioner from the complainant and not returning the same.

Submission of the learned counsel for the petitioner is that there is no cheat of paper in support of payment of Rs.03,05,000/- though the O.P.no.2 had earlier stated that he will produce documents regarding the same and a direction was given to file Counter Affidavit but he has not filed any

Patna High Court CR. MISC. No.38518 of 2019(4) dt.18-10-2019 2/3 Counter Affidavit nor any document showing the same. Heard learned A.P.P. and the learned counsel for the O.P.no.2 who instead of filing Counter Affidavit praying for time .

In this case earlier the provisional bail was granted to the petitioner but it has been submitted that he could not submit the bail bond..

Having heard both sides and in view of the facts and circumstances, as stated above, let the petitioner, above named, in the event of arrest or surrender before the learned court below, be released on bail on furnishing bail bond of Rs.25,000/- (Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned ACJM VI, Araria in connection with Complaint Case No.657C of 2017, subject to conditions as laid down under Section 438 (2) of the Code of Criminal Procedure.

With the above direction, this application is allowed. (Vinod Kumar Sinha, J) chn/- U T

Patna High Court CR. MISC. No.38518 of 2019(4) dt.18-10-2019 3/3