Md. Mahtab Alam v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.62657 of 2023 Arising Out of PS. Case No.-705 Year-2022 Thana- LAHERIYASARAI District- Darbhanga ====================================================== MD. MAHTAB ALAM Son of Md. Anwar Mohalla- Chak Jamal Shivdhara Ps- Sadar Mabbi OP Dist- Darbhanga ... ... Petitioner/s
Versus
1.
The State of Bihar 2.
Jamil Akhtar son of Abdus Salam Mohalla- Imambari Ps- Laheria Sarai Dist- Darbhanga ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Mazharul Hassan For the Opposite Party/s :
Mr.Dinesh Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 16-10-2023 Heard learned counsel for the petitioner and the State.
2. Petitioner apprehends arrest in a case registered for the offences punishable under Sections 406, 420, 504 and 506 of the Indian Penal Code and 138 of N.I. Act.
3. It is alleged that despite taking consideration money from the informant, petitioner did not execute the sale deed of the land nor refunded the money to the informant.
4. It is submitted on behalf of the petitioner that no chit of paper has been filed in support of the allegations. Mere failure to keep up the promise does not give rise to criminal breach of trust unless a fraudulent or dishonest intention was
Patna High Court CR. MISC. No.62657 of 2023(2) dt.16-10-2023 2/2 present right from the beginning of the transaction. Petitioner has not taken single penny from the informant. Case is of purely of civil nature.
5. Considering the facts and circumstances of the case, this anticipatory bail is allowed and it is ordered that let the above named petitioner in the event of his arrest/surrender before the court below within a period of six weeks from today, 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 learned Chief Judicial Magistrate, Darbhanga/concerned court below in connection with Laheriasarai P. S. Case No. 705 of 2022, subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure.
(Prabhat Kumar Singh, J) Shishir/- U T