Jahir Ahmad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.11335 of 2017 Arising Out of PS.Case No. -8 Year- 2017 Thana -MOTIHARI TOWN DistrictEASTCHAMPARAN(MOTIHARI) ====================================================== Jahir Ahmad, S/o late Md. Yasin of Chhatauni, P.S. - Chhatauni, Dist. - East Champaran.

.... .... Petitioner

Versus

The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Sangeet Deokuliar For the Opposite Party/s : Mr. Awadhesh Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 16-08-2017 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Motihari Town P.S. Case no. 8 of 2017, registered under Sections 406, 420, 467, 468 and 120-B of the Indian Penal Code and Section 138 of the N.I. Act.

The accusation is that petitioner and his son Sakil Ahmad used to run Sundari Sari Shop, where informant Ramesh Kumar Singh used to visit due to friendly terms. The petitioner and his son asked to the informant for purchasing the land, accordingly, the informant visited the land and consideration of the land was fixed Rs. 40,00,000/- and cash of Rs. 32,00,000/- was paid by the informant on three dates and agreement was also executed, but later on the sale deed was not executed and petitioner and his son returned Rs. Five lakhs and also

Patna High Court Cr.Misc. No.11335 of 2017 (7) dt.16-08-2017 2/2 handed over Cheque of Rs. 27,00,000/-, but on presentation for encashment, the said cheque was dishonoured.

Learned counsel for the petitioner submits that, in fact, the agreement entered in between Sakil Ahmad, son of the petitioner, and informant and Sakil Ahmad, son of the petitioner, issued cheque, which is said to be dishonoured. Further submission is that petitioner, who is aged about 80 years, being the father of Sakil Ahmad has falsely been implicated in this case.

Having regard to the facts and circumstances of the case, 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 four weeks from today, on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Motihari, East Champaran in connection with Motihari Town P.S. Case No.08 of 2017, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. (Rajendra Kumar Mishra, J) manish/- U T