Ramiz Sabri v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.57593 of 2024 Arising Out of PS. Case No.-226 Year-2023 Thana- SIMRI District- Darbhanga ====================================================== Ramiz Sabri Son of Md. Sabir Resident of village - Chakdargah, P.S.- Singhwara, District - Darbhanga.

... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Dr. Ajaz Ahmad Son of Farooq Ansari Resident of village - Barkagam, P.S.- Bhagwanpur Hat, District - Siwan.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Jagnnath Singh, Advocate Mr. Padmanabh Kashyap, Advocate Mr. Deepak Kumar, Advocate Md. Ghulam Mustafa, Advocate For the Opposite Party/s :

Mr. Nand Kishore Prasad, APP For the informant :

Mr. Suraj Kumar Tiwari, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 04-02-2025 Heard the learned counsel for the petitioner, learned APP for the State and learned counsel for the informant.

2. The learned APP for the State has produced the letter of the Senior Superintendent of Police, Darbhanga that two accused persons of the case namely Md. Sabir and Md. Arsad Sabri have been arrested in the case.

3. This is the 2nd attempt of the petitioner. Earlier the bail application of the petitioner was rejected vide order dated 24.01.2024 passed in Cr. Misc. No. 2830 of 2024.

4. The petitioner seeks regular bail in a case registered for the offence under Sections 420, 406, 467, 468, 471, 506, 34

Patna High Court CR. MISC. No.57593 of 2024(4) dt.04-02-2025 2/3 of the Indian Penal Code.

5. As per the prosecution case, petitioner is alleged to have cheated the informant.

6. Learned counsel for the petitioner submits that without prejudiced to his case and without accepting his guilt, the petitioner is ready to pay Rs. 6 Lakh to the informant in installments.

7. Learned A.P.P. has vehemently opposed the prayer for bail.

8. The payment of Rs. 6 Lakh is being made by the petitioner without being prejudiced to his case and without accepting his guilt.

9. Considering the submission of the learned counsel for the petitioner, this application for regular bail is allowed.

10. Let the petitioner, above named, be released on Provision 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 S.D.J.M., Darbhanga/concerned Court below in connection with Simri P.S. Case No. 226 of 2023 subject to condition that:- (I). The petitioner will furnish a demand draft of Rs. 2 Lakh (in the name of the informant) at the time of furnishing the bail bond thereafter he will make the payment of balance

Patna High Court CR. MISC. No.57593 of 2024(4) dt.04-02-2025 3/3 amount i.e., Rs. 4 Lakhs in the next four months.

(ii). The petitioner shall remain on provisional bail till he pays the entire amount of Rs. 6 Lakh to the informant within next five months and his provisional bail shall be confirmed by the Court below after the demand drafts of the entire amount of Rs. 6 Lakh are deposited in the Court below.

(iii). As and when the demand drafts of the entire amount i.e., Rs. 6 Lakh are deposited in the Court below, the same shall be released in favour of the informant of the case.

(iv). The demand draft shall be received by the informant himself and not by his lawyer.

(Sandeep Kumar, J) Shishir/- U T