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Patna High CourtCR. MISC./55737/2021bail granted

Md. Arshad Alam v. The State Of Bihar

2022-08-30Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.55737 of 2021 Arising Out of PS. Case No.-3072 Year-2017 Thana- VAISALI COMPLAINT CASE District- Vaishali ====================================================== MD. ARSHAD ALAM Son of Late Wazul Haque @ Baizal Haque Resident of Village- Vaishali, P.S.- Vailshali, District- Vaishali at Hajipur. ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Md. Sabir Hussain S/o Late Md. Yakub Resident of Village- Maman Chhapra, P.S.- Vaishali, District- Vaishali at Hajipur. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Rajesh Ranjan, Advocate For the APP :

Mr. Satya Nand Shukla, APP For the O.P.No.2:

Mr. Sachin Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 30-08-2022 Heard learned counsel for the petitioner and learned APP for the State as well as learned O.P. No.2. The petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 406 and 420 of the Indian Penal Code.

It is a case of misappropriation of the amount of the complainant by the accused person.

It is submitted by learned counsel for the petitioner that the petitioner has falsely been implicated in this case. He further submits that there is no documentary evidence against the petitioner that he had received the amount in question from the complainant. It is case of purely civil in nature. He further

Patna High Court CR. MISC. No.55737 of 2021(6) dt.30-08-2022 2/2 submits that after inquiry, learned trial Court has taken cognizance prima-facie finding the case true. Learned APP appearing for the State opposed the anticipatory bail.

Considering the aforesaid submissions, let the petitioner, above named, in the event of his arrest or surrender before the court below within a period of four weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned ACJM-XI, Vaishali at Hajipur in connection with Complaint Case No. 3072 of 2017, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Sunil Kumar Panwar, J) Brajesh Kumar/- U T