Md. Abu Rehan @ Abu Rehan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.52309 of 2018 Arising Out of PS.Case No. -221 Year- 2017 Thana -DHAMDAHA District- PURNIA ====================================================== Md. Abu Rehan @ Abu Rehan, S/o Late Md. Yunus, R/o Mohalla - Islam Naglar, Ward No. 26, P.S. - Araria, Distt. - Araria, at present Madina Towar, 3rd Floor Samanpura, P.S. - Shatri Nagar, District - Patna. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Md. Ziaul Quamar For the Opposite Party/s : Md. Nazir Ansari ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 11-10-2018 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 406 and 420 of the Indian Penal Code.

The FIR discloses a case of non-performance of an agreement to sale between the parties.

Submission is that there is no proof of payment of the referred consideration money to the petitioner. Entire allegation has been levelled at the instance of the agnate of the petitioner. Petitioner has got no criminal antecedent. He is a retired person. Considering the aforesaid fact, let the petitioner, above named, in the event of his arrest or surrender before the

Patna High Court Cr.Misc. No.52309 of 2018 (3) dt.11-10-2018 2/2 Court below within a period of thirty days from the date of receipt of the order, be released on bail on furnishing bail bond of Rs.20,000/- (rupees twenty thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending in connection with Dhamdhaha Police Station Case No. 221 of 2017, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure as well as condition that the petitioner shall fully cooperate with the investigation and trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioner. (Birendra Kumar, J) Kundan/- U T