Hasnain Ahmed v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.58377 of 2022 Arising Out of PS. Case No.-276 Year-2022 Thana- SHEKHPURA District- Sheikhpura ====================================================== HASNAIN AHMED Son of Late Mateen Ahmed R/O Village- Wazidpur, P.S.- Kashichak, District- Nawada At present R/O Lake View Tower, Flat No.

306. Jora Talab, Bariatu, P.S.-Bariatu, District-Ranchi,Jharkhand ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

AJIT KUMAR YADAV Son of Yugal Yadav Resident of Village- Barui, P.S. and District-Sheikhpura ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Dinkar Kumar, Adv.

For the Opposite Party/s :

Ms.Nirmala Kumari, APP Mr.N.A.Shamsi, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 23-01-2023 Heard learned counsel for the petitioner, learned counsel for the informant and learned APP for the State. The petitioner apprehends his arrest in a case registered for the offence punishable u/s 419/420 of IPC. The prosecution case is that petitioner received Rs.10,40,000/- from the informant for sell of his land and when the informant demanded deed of land, the petitioner did not produce any document. Thereafter, he requested to return the amount but the said was not returned nor the deed was executed. It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has committed no offence. He has been falsely implicated in this case due to ulterior motive.

Patna High Court CR. MISC. No.58377 of 2022(3) dt.23-01-2023 2/2 No such occurrence, in the manner as alleged, has ever taken place. It is submitted that petitioner has executed a sale deed, which is enclosed as Annexure-2 to this bail application. Learned APP for the State and learned counsel for the informant opposed the prayer for bail by submitting that petitioner has not returned the said money, for which he agreed to execute a deed on non-judicial stamp on 15.03.2021. Having regard to the facts and circumstances of the case, since there is civil nature of dispute between the parties, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs.

25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/Successor Court in connection with Sheikhpura P.S. Case No.276/2022, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.