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Patna High CourtCR. MISC./50119/2023bail granted

Md. Irshad Ali @ Guddu v. The State Of Bihar

2023-09-19Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.50119 of 2023 Arising Out of PS. Case No.-285 Year-2022 Thana- CHAPRA TOWN District- Saran ====================================================== MD. IRSHAD ALI @ GUDDU Son of Late Abdul Kalam Ali Resident of Mohalla - Sahebganj (Purani Gurathi), P.s. - Chapra Town, Distt. - Saran at Chapra ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Vijay Kumar, Advocate For the Opposite Party/s :

Mr. Ram Bilash Roy Raman, A.P.P.

For the Informant :

Mr. Narendra Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 19-09-2023 Heard learned counsel for the petitioner, informant and the State.

2. Petitioner apprehends arrest in a case registered for the offences punishable under Sections 420, 406, 379, 384, 323, 341, 120(b) of the Indian Penal Code.

3. It is alleged that despite entering into rent agreement and receiving advance payment, F.I.R. named accused Nos. 1 to 7 did not hand over the shop to the informant.

4. It is submitted that petitioner has never entered into an agreement nor he has received any money from the informant. Petitioner has nothing to do with the rent agreement in question and he is only alleged to be a subsequent rentor of the shop in question. Petitioner has got clean antecedent.

Patna High Court CR. MISC. No.50119 of 2023(3) dt.19-09-2023 2/2

5. Learned counsel for the informant vehemently opposes the bail application and submits that this petitioner forcibly closed the shop of the informant.

6. Considering the facts and circumstances of the case, this anticipatory bail is allowed and it is ordered that let the above named petitioner in the event of his arrest/surrender before the court below within a period of six weeks from today, be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Saran at Chapra in connection with Chapra Town P. S. Case No. 285 of 2022, subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Singh, J) Navya/- U T