Patna High CourtCR. MISC./63102/2023bail granted

Md. Amem Alam @ Md. Ameen Alam v. The State Of Bihar

2024-03-18Mr. Justice Satyavrat Verma3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.63102 of 2023 Arising Out of PS. Case No.-672 Year-2023 Thana- PHULWARISHARIF District- Patna ====================================================== Md. Amem Alam @ Md. Ameen Alam, Son Of Jawed Alam @ Jawaid Alam Resident Of 1st Floor, House No.A-55, Road No.B/6, Ali Nagar Colony, P.S. - Gardanibagh, District - Patna ... ... Petitioner/s

Versus

The State Of Bihar 2.

Khalid Ezaz, Son Of Late Md. Shafayat Resident Of Flat No.307, Shafa Mansion, Mohalla - Samanpur, P.S. - Shastrinagar, District - Patna ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Madhukar Anand For the Opposite Party/s :

Mr.Nityanand Mr.Jha Vikram Dr. Mallika Nawal ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 18-03-2024

1. Heard learned counsel for the petitioner, learned counsel for the opposite party no.2 and learned APP for the State.

2. The petitioner seeks bail in anticipation of his arrest in a case registered for the offences punishable under Sections 406, 420, 467, 506 and 34 of the Indian Penal Code.

3. The learned counsel for the parties have jointly submitted that on intervention of well-wishers, the dispute in between the petitioner and the opposite party no.2 stands

Patna High Court CR. MISC. No.63102 of 2023(8) dt.18-03-2024 2/3 resolved amicably.

4. The learned counsel for the petitioner submits that petitioner is willing to give a flat measuring 1250 square feet along with parking in H.V. Tower Block-C. It is next submitted that number of the Flat is 201. It is also submitted that petitioner shall return an amount of Rs.2,35,212/- to the opposite party no.2 on account of the fact that flat, which is being handed over to the opposite party no.2 is smaller by 170 square feet than what was agreed originally, as such, the amount is being returned to compensate the said shortage. It is next submitted by the learned counsel for the petitioner that the sale deed with respect to the flat in question along with the parking would be executed in favour of the opposite party no.2 by 18.05.2024, but the amount shall be returned within a period of one week from today i. e. latest by 27.03.2024.

5. The learned counsel for the opposite party no.2, for the present, does not oppose the anticipatory bail application and submits that in the event, if the amount, as agreed, is returned and the flat along with the parking is

Patna High Court CR. MISC. No.63102 of 2023(8) dt.18-03-2024 3/3 executed within the time frame, in that event, the opposite party no.2 shall withdraw the instant criminal case.

6. Learned A.P.P. opposes the bail application.

7. Considering the submissions made by the learned counsel for the petitioner, the petitioner, abovenamed, in the event of his arrest or surrender before the learned Court below within a period of six weeks, is directed to be released on bail on his furnishing bail-bonds in the sum of Rs.2,000/- (Rupees Two Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate-XIV, Patna in connection with Phulwarishariff P. S. Case No.672 of 2023, subject to the conditions laid down under Section 438(2) of the Cr.P.C.

8. The application stands allowed.

(Satyavrat Verma, J) vikash/- U T