Aftab Ahmad @ Aftab Alam v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.55696 of 2015 Arising Out of PS.Case No. -1678 Year- 2015 Thana -PATNA COMPLAINT CASE DistrictPATNA ======================================================
1. Aftab Ahmad @ Aftab Alam S/o Late Ashfaqu Ahmad Resident of Mohalla- Old Azimabad Colony P.S.- Sultanganj, District- Patna. .... .... Petitioner/s
Versus
1. The State of Bihar
2. Mumtaz Ahmed, S/o Nasibur Rahman at present resident of MohallaGoriya Toli Station Road, P.O.- G.P.O., P.S.- Kotwali, District- Patna, Permanent resident of Village- Mahnar, P.O.+P.S.- Mahnar, DistrictVaishali. .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Shakil Ahmad Khan For the Opposite Party/s : Mr. Binod Kr. 2(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 09-12-2015 Heard learned counsels for the petitioner and the State. The petitioner is apprehending arrest in a complaint case in which process has been directed to be issued after cognizance being taken for the offences punishable under Section 420 of the Indian Penal Code.
The prosecution case is that the complainant purchased certain land from Haridwar Upadhyaya. The petitioner was a mediator who received one lac fifty thousand rupees. It is further alleged that rupees three lacs were given for filling up earth and putting boundary wall. The earth was filled but the boundary wall was not constructed.
Patna High Court Cr.Misc. No.55696 of 2015 (2) dt.09-12-2015 2/2 It is submitted by the learned counsel for the petitioner that there is no proof with regard to the payment to the petitioner. Obviously, the agreement was between the complainant and Haridwar Upadhyaya and the petitioner was simply a witness to the saledeed.
Considering the aforesaid facts, 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 twelve 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 learned JM Ist Class, Patna in connection with Complaint Case No. 1678C of 2015 subject to the conditions as laid down under Section 438(2) Cr.P.C.
(Dinesh Kumar Singh, J) Anil/- U T