Noor Alam Mian @ Md. Tashir Alam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.72309 of 2018 Arising Out of PS. Case No.-29 Year-2015 Thana- KUCHAIKOTE District- Gopalganj ====================================================== Noor Alam Mian @ Md. Tashir Alam, Son of Idrish Miya, Resident of Village- Raghupati, P.S.- Kuchai-Kote, District- Gopalganj. ... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr.Pankaj Kumar Dubey, Adv.

For the Opposite Party/s :

Mr.(Dr.) Mrityunjaya Kr. Gautam, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 20-12-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending arrest in a case registered for the offences punishable under Sections 420/406 of the Indian Penal Code.

Initially, the prosecution case got initiated with filing of Complaint Case No. 2321/2014, which came to be registered as a police case, being Kuchaikot P.S Case No.29/2015, after its being transferred under Section 156(3) of the Cr. P.C.. The prosecution case is that the co-accused, Hasnain Mian and the petitioner, Noor Alam took Rs.80,000/- from the informant for providing employment abroad. The accused persons gave Visa and Flight tickets to the informant to go abroad, but subsequently, the informant came to know that the same

Patna High Court Cr.Misc. No.72309 of 2018(3) dt.20-12-2018 2/2 were forged.

It is submitted by learned counsel for the petitioner that there is no proof with regard to the payment being made to the petitioner. A statement has been made in paragraph no.3 of the petition that the petitioner is not having any criminal antecedent. It is submitted by learned APP for the State that there is specific accusation against the petitioner.

Considering the fact that there is no proof with regard to the payment made to the petitioner, coupled with statement made in paragraph no.3 of the petition that the petitioner is not having any criminal antecedent, let the above named petitioner be released on anticipatory bail, in the event of arrest or surrender before the learned Court below within a period of 12 weeks from today, on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned CJM, Gopalganj, in connection with Kuchaikot P.S. Case No.29/2015, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Dinesh Kumar Singh, J) Ashwini/- U T