Saiyyad Alam Nomani @ Sayyad Alam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.59384 of 2022 Arising Out of PS. Case No.-1675 Year-2021 Thana- COMPLAINT CASE District- Araria ====================================================== SAIYYAD ALAM NOMANI @ SAYYAD ALAM S/o Jamil Ahmad R/o Village- Dumariya Nahar Tola Bistoria, W. no. 9, P.S.- Raniganj, Distt- Araria. ... ... Petitioner

Versus

1.

The State of Bihar 2.

Md. Majahir Alam S/o Jiaur Rahman R/o Village- Domohana, W. no. 12, P.S.- Mahalgaon, Distt- Araria.

... ... Opposite Parties ====================================================== Appearance :

For the Petitioner/s :

Mr.Nafisuzzoha, Advocate For the State :

Ms/Mrs. Rina Sinha, Addl Public Prosecutor for opposite party no.2 Mr Ashif Kalim, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 19-09-2023 Heard learned counsel for the parties.

2. Petitioner apprehends his arrest in a case registered for the offence punishable under Sections 420/323 of the Indian Penal Code.

3. By filing supplementary affidavit, it is submitted on behalf of the petitioner that alleged amount claimed by opposite party no.2 is false and concocted. However, he admits that he has taken from informant/opposite party no.2 Rs.70,000/- which he is ready to refund in three installments within six months to opposite party no.2 without prejudice to his right and contention.

4. Considering the facts of the case, nature of accusation against 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, Araria

Patna High Court CR. MISC. No.59384 of 2022(7) dt.19-09-2023 2/2 in connection with Complaint case No. 1675C/2021, subject to conditions laid down u/s 438(2) of the Cr. P. C., in the light of following terms and conditions:- (i) At the time of furnishing bail bond Rs. 35,000/ - shall be deposited in the Court below in the name of O.P. No.2. (ii) Rest amount of Rs. 35,000/- shall be deposited in equal installments within six months in the name of O.P. No.2 within two months.

(iii) If the petitioner fails to comply with the aforesaid direction of this court, the court below shall be at liberty to cancel the bail bonds of the petitioner.

5. It is made clear that without going into the merit of the case, the aforesaid order has been passed only for the purpose of grant of bail.

(Prabhat Kumar Singh, J) Shashi U T