Patna High CourtCR. MISC./49042/2022allowed

Md. Abdul Rashid @ Md. Rashid @ Abdul Rashid v. The State Of Bihar

2023-01-19Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.49042 of 2022 Arising Out of PS. Case No.-622 Year-2021 Thana- SIRDALA District- Nawada ====================================================== MD. ABDUL RASHID @ MD. RASHID @ ABDUL RASHID S/o Md. Aali R/o village- Khatani, P.S.- Sirdala, District- Nawada ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Man Mohan Kumar For the Informant :

Mr.Bhaskar Shankar For the State :

Mr.Kalyan Shankar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 19-01-2023 Heard learned counsel for the petitioner, learned counsel for the informant and learned APP for the State. The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 406, 420/34 of the Indian Penal Code.

Prosecution case relates to cheating and not executing the sale deed in respect of land in question in spite of receiving the amount of Rs. 9,21,000/-, by the accused persons from the informant.

Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case. A statement has been made in para-3 of the petition that the petitioner has got no criminal antecedent. There is no documentary proof produced by the

Patna High Court CR. MISC. No.49042 of 2022(3) dt.19-01-2023 2/2 informant for receiving the money by the petitioner in respect of selling the land. It is further submitted that this case is of civil in nature. The petitioner is languishing in judicial custody since 5.6.2022.

Learned APP appearing for the state and learned counsel for the informant have vehemently opposed the prayer of regular bail.

Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Sirdala P.S. Case No. 622 of 2021 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate 1st Class, Nawada.

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