Farukh Khan @ Farukh Sheikh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.62222 of 2021 Arising Out of PS. Case No.-70 Year-2021 Thana- BARURAJ District- Muzaffarpur ====================================================== FARUKH KHAN @ FARUKH SHEIKH S/o Hanif Khan @ Haneef Resident of Buland Sahar, P.S.- Pahasu, District- Buland Sahar (U.P.) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ravi Ranjan, Advocate For the Opposite Party/s :

Mr.Jitendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 04-04-2022 Heard the learned counsel for the petitioner and the learned APP for the State.

The petitioner seeks regular bail in connection with Baruraj PS case no. 70 of 2021 instituted for the offences punishable under Sections 406, 420, 467, 468, 471 of Indian Penal Code.

The allegation is regarding the informant having received a telephonic call with a request to deposit the premium of P.N.B. Metlife, whereafter the informant had asked the said person to come to his petrol pump and take the cheque for the said premium amount. The said person is stated to have then arrived at the petrol pump of the informant, whereafter the informant had handed over an account bearing cheque, drawn in favour of P.N.B. Metlife for a sum of 36,750/-, however

Patna High Court CR. MISC. No.62222 of 2021(2) dt.04-04-2022 2/3 subsequently, it transpired that the petitioner was trying to encash the said cheque, wherein the amount had been changed to Rs. 1 lac and the name of the drawee had been changed to one Vikash Kumar Singh, whereupon the Bank Officials had informed the informant about the same, leading to the informant reaching the Bank and then the petitioner was apprehended along with the cheque and was handed over to the police. The learned counsel for the petitioner has submitted that the petitioner is innocent, has been falsely implicated in the present case, is having a clean antecedent and is languishing in custody since 30.04.2021. The learned counsel for the petitioner has further submitted that the fact remains that no loss has been caused to the informant, inasmuch as no money could be withdrawn apart from the fact that the cheque in question was not drawn in favour of the petitioner but in favour of one Vikash Kumar, hence, it is submitted that the petitioner is having no complicity in the present case.

Per contra, the learned A.P.P. for the State has vehemently opposed the prayer for bail.

Having regard to the facts and circumstances of the case, considering the submissions made by the learned counsel for the parties and taking into account the materials available on

Patna High Court CR. MISC. No.62222 of 2021(2) dt.04-04-2022 3/3 record as also considering the fact that neither any money could be withdrawn nor any loss had been caused to the informant, apart from the fact that the petitioner is having a clean antecedent and is languishing in custody since about one year, I deem it fit and proper to admit the petitioner to the privilege of bail.

Accordingly, the abovenamed petitioner is directed to be released on bail on furnishing bail bond of Rs. 10,000/- (Rs. Ten thousand) with two sureties of the like amount each to the satisfaction of learned court of J.M. 1st class, Muzaffarpur in connection with Baruraj PS case no. 70 of 2021. (Mohit Kumar Shah, J) rinkee/- U T