Waquar Ahmad v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.57248 of 2024 Arising Out of PS. Case No.-297 Year-2023 Thana- KOTWALI District- Patna ====================================================== Waquar Ahmad son of Iftakhar Ahmad VILLAGE- ATHKHAMBHA, PSBARHRIA, DIST- SIWAN ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Krishna Prasad Singh, Sr. Advocate For the Opposite Party/s :
Mr.Anish Chandra, APP For the informant :
Mr. Arvind Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 26-11-2024 Heard Mr. Krishna Prasad Singh, learned Senior Counsel for the petitioners as also Mr. Arvind Kumar representing the informant besides the learned APP for the State.
2. The petitioner is in judicial custody in connection with Kotwali P.S. Case No. 297 of 2023 for the offence punishable under Sections 419, 420, 406, 506/34 of the Indian Penal Code lodged on 26.04.2023 by the informant, Pramod Kumar Singh.
3. As per the prosecution story, the informant alleged that in the garb of a land, Rs. 15,10,000/- was taken by the petitioner which has been detailed out in the FIR but the land was never came in possession of the informant nor the money returned and fed up with the attitude, the FIR.
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4. At the outset, learned Senior Counsel submits that the petitioner acted bonafidely bu the execution could not take place and now the FIR is there for which he will have to face trial. Further, he intends to return the entire amount of Rs. 15,10,000/- to the informant but he being in jail cannot make payment in one go and as such he be given some time so that payment is made in the following manner:
(i) Rs. 5,10,000/- at the time of execution of bail bond;
(ii) Rs. 2,00,000/- by 10th of January, 2025;
(iii) Rs. 2,00,000/- by 15th of February, 2025;
(iv) Rs. 2,00,000/- by 1st of April, 2025;
(v) Rs. 2,00,000/- by 25th May, 2025;
(vi) Rs. 2,00,000/- by 10th of July, 2025.
5. It is his further submission that failure to abide by any of the installment, the informant shall be free to take immediate steps for cancellation of his bail bond.
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6. Learned counsel for the informant submits that though under false promise, he had coughed up Rs.15,10,000/- now that the petitioner intends to make the payment, he has no objection to the extension of the relief.
7. Taking into account aforesaid facts and appreciating the stand of both the learned Senior Counsel for the informant and the learned counsel for the petitioner and as the petitioner is in custody since 01.05.2024, this Court is inclined to extend him the privilege of bail which will be subject to the condition that the petitioner himself has undertaken. Let the petitioner be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) each with two sureties of like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, Patna, in connection with Kotwali P.S. Case No. 297 of 2023 subject to the following conditions: (i) one of the bailor should be the family member of the petitioner who shall provide official document to show his/her bona fide;
(ii) the petitioner shall appear on each and every date before the Trial Court and failure to do so for two consecutive dates without plausible reason will entail cancellation of his bail bond by the Trial Court itself;
4/4 (iii) the petitioner shall appear before the concerned police station every fortnight for next six months to mark his attendance;
(iv) the petitioner shall in no way try to induce or promise or threat the witnesses or tamper with the evidences, failing which the State shall be at liberty to take steps for cancellation of the bail bonds;
(v) the petitioner shall desist from committing any criminal offence again, failing which the State shall be at liberty to take steps for cancellation of his bail bonds. (Rajiv Roy, J) Ravi/- U T