Abuzar Gaffari @ Abuzar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.58000 of 2025 Arising Out of PS. Case No.-22 Year-2023 Thana- COMPLAINT CASE District- Araria ====================================================== ABUZAR GAFFARI @ ABUZAR S/O JAINUDDIN MARHUM R/O VILL.- P.T. DUMARIA, WARD NO. 9, P.S.- MAHALGAON, DIST.- ARARIA. ... ... Petitioner/s

Versus

1.

THE STATE OF BIHAR 2.

MD. IZHAR S/O MD. JUMMAN R/O VILL.- CHAUGHARIA, WARD NO. 9, P.S. AND DIST.- ARARIA.

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

For the Petitioner :

Mr. Vijay Kishore Bharti, Advocate For the State :

Mr. Mohammad Sufyan, APP For the Complainant :

Mr. Ramesh Kumar Singh, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 30-08-2025 Heard learned counsel appearing on behalf of the petitioner, learned APP appearing on behalf of the State and learned counsel appearing on behalf of the complainant/Opposite Party No. 2.

2. The petitioner apprehends his arrest in a complaint case registered for the offence punishable under Sections 417, 418 and 406 of the Indian Penal Code.

3. As per prosecution case, on 15.01.2022, a construction agreement was made between the parties for completing the construction work within a period of four months with a payment of Rs. 10,80,000/-. It is alleged that

Patna High Court CR. MISC. No.58000 of 2025(2) dt.30-08-2025 2/3 thereafter, petitioner paid Rs. 4,62,000/- out of the amount agreed and refused to pay Rs. 6,18,000/-.

4. It is submitted by learned counsel appearing on behalf of the petitioner that petitioner is quite innocent and has committed no offence. From bare perusal of the complaint petition it is apparent that it is a case of money dispute which arises out of an agreement. Allegation is of breach of terms and conditions of the agreement which is purely civil in nature and no criminal liability is made out against the petitioner. Petitioner claims clean antecedents.

5. Learned A.P.P. for the State and learned counsel for the complainant/Opposite Party No. 2 have vehemently opposed the prayer for grant of anticipatory bail to the petitioner.

6. Considering the facts and circumstances of the case, nature of dispute and clean antecedents of the petitioner, the prayer for grant of anticipatory bail to the petitioner is allowed.

7. Accordingly, in the event of arrest/surrender within a period of eight weeks from today, let the above named petitioner 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 learned C.J.M., Araria in connection

Patna High Court CR. MISC. No.58000 of 2025(2) dt.30-08-2025 3/3 with Complaint Case No. 22C of 2023, subject to condition as laid down under Section 482(2) of the B.N.S.S.. (Prabhat Kumar Singh, J) shashank/- U T