Shekh Nizam @ Nazzo @ Md. Nizzam v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.55996 of 2024 Arising Out of PS. Case No.-385 Year-2021 Thana- COMPLAINT CASE District- Araria ====================================================== Shekh Nizam @ Nazzo @ Md. Nizzam SON OF LATE ALIMUDDIN VILLAGE- GAIRA, TOLA HASANPUR, WARD NO. 10, PS AND DISTARARIA ... ... Petitioner/s
Versus
1 .
The State of Bihar 2.
RAVINDRA KUMAR ROY SON OF BRAJNANDAN ROY VILLAGEBACK TOLA, ASHRAM ROAD, DIST- ARARIYA ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Nishant Kumar Sinha, Advocate For the Opposite Party/s :
Mr. Kumar Veerendra Narayan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 04-10-2024 Heard learned counsel for the petitioner and the State .
2. Petitioner apprehends arrest in a case registered for the offence punishable under sections 406, 420/34 of the Indian Penal Code .
3 . As per prosecution case , it is alleged that the petitioners bought 110 quintals of paddy from the complainant. @ Rs 1660/- per quintal, which was given to the complainant
Patna High Court CR. MISC. No.55996 of 2024(2) dt.04-10-2024 2/3 for a total amount of Rs.1,82,600/- Later on Rs.15,000 was paid out of the total amount by the petitioners. Petitioners with dishonest intention started making excuses one after the other to stop the payment of dues to the complainant and when the complainant asked to return the dues amount from the accused persons, they abused him.
4. Learned counsel for the petitioner submits that the petitioner has falsely been implicated in this case only due to village politics. Petitioner has never taken any paddy from the complainant and the entire prosecution case is false and fabricated. Similarly situated co-accused persons have already granted bail by this Court vide order dated 01.05.2023 in Cr. Misc. No. 11148 of 2023 . Petitioner claims clean antecedent. 5 . Learned counsel for the State opposes the bail petition of the petitioner.
6. Considering the fact that similarly situated coaccused persons have already granted bail by this Hon'ble Court and other circumstances of the case , in the event of arrest or surrender within eight weeks from today, let the petitioner, as named above, 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 the learned Chief Judicial Magistrate,
Patna High Court CR. MISC. No.55996 of 2024(2) dt.04-10-2024 3/3 Araria in connection with Complaint case no- 385C of 2021, subject to the conditions laid down under section 438(2) of the Code of Criminal Procedure .
(Prabhat Kumar Singh, J) Koushik/- U T