Afroz Alam @ Md. Afroz Alam v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.55424 of 2022 Arising Out of Case No.-63 Year-2021 PURNIA COMPLAINT CASE District- Purnia ====================================================== AFROZ ALAM @ MD. AFROZ ALAM S/o Abdul Kadir @ Kadir Alam @ Meer Kadir Resident of village- Basantpur, Gulab Bagh, Near Gunda Chowk, P.S.- Sadar, District- Purnea ... ... Petitioner/s
Versus
1.
The State of Bihar 2.
VIJAY KUMAR S/o Bipin Jaiswal Resident of village and P.S.- Chausa, District- Madhepura, at present resident of Sardar tola, Gulab Bagh, Near Sani Mandir, P.S.- Sadar, District- Purnea ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Ajay Kumar Jha For the Opposite Party/s :
Mr.Shahabuddin Azeem @ S. Azeem ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 18-05-2023 Heard learned counsel for the petitioner and the State. The petitioner apprehends his arrest in connection with Complaint Case No. 63 of 2021 for the offence registered under Sections 420, 323, 341, 384, 386, 387, 504 and 406 of the Indian Penal Code.
As per the Complaint, the complainant has alleged that the petitioner along with other accused persons took foodgrains to the tune of Rs. 30-40 lakhs but failed to clear 15 lakhs. Further, when he along with his partner went to his house with a prayer to clear the same, they were locked in a room and assaulted. Further they also took signature on some blank paper /stamp paper Learned counsel appearing for the petitioner submits
Patna High Court CR. MISC. No.55424 of 2022(3) dt.18-05-2023 2/3 that petitioner is innocent and has falsely been implicated in the case. It is further submitted that petitioner was doing business with complainant and in business transaction the complainant gave a cheque of Rs. 9,00,000/- to the petitioner but the cheque was bounced and for that petitioner lodged Complaint case No. 68/2021 against the complainant and in order to grab the money and save his skin from this case, the complainant has filed this false and concocted case against the petitioner. Petitioner has got clean antecedent.
Learned counsel appearing for the State opposes the prayer for anticipatory bail.
Considering the facts of the case, nature of accusation and clean antecedent of the petitioner, let the petitioner, above named, in the event of his arrest/ surrender within a period of six weeks from today shall 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 Judicial Magistrate, 1st class, Purnea in connection with Complaint case No. 63/ 2021, subject to conditions laid down u/s 438(2) of the Cr. P. C. (Prabhat Kumar Singh, J) BKS/- U T
Patna High Court CR. MISC. No.55424 of 2022(3) dt.18-05-2023 3/3