Sk Mahfooz @ Mahfooz @ Shekh Mahfooz v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.71975 of 2024 Arising Out of PS. Case No.-981 Year-2023 Thana- GOPALGANJ COMPLAINT CASE District- Gopalganj ====================================================== SK Mahfooz @ Mahfooz @ Shekh Mahfooz Son of Late Shamsuddin R/O Vill.- Dhamapakar, P.S.- Manjhagarh, Dist.- Gopalganj. ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Qauley Alam Son of Late Manzoor Alam R/O Vill.- Inderwan Bairum, P.O.- Sukulwan, P.S. and Dist.- Gopalganj.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Irshad Ahmad Khan, Advocate For the State :

Mr. Anish Chandra, APP For the O.P. No.2 :

Mr. Javed Aslam, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 31-01-2025 Heard learned counsel for the petitioner and learned APP for the State and learned counsel for O.P. No.2. 2.

The petitioner apprehends his arrest in a case registered for the offence punishable u/s 323, 504, 506, 406, 420, 467, 468, 471, 120(B) of IPC.

3.

As per complaint, complainant alleged that the petitioner refused to return back Rs.19,94,497/- to him. The reason stated in the complaint for taking the money was to open business of poultry farm.

4.

It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has committed no offence. He has been falsely implicated in this case. No such occurrence, in

Patna High Court CR. MISC. No.71975 of 2024(3) dt.31-01-2025 2/3 the manner as alleged, has ever taken place. It is submitted that it is a pure civil nature of dispute between the parties. In para 6 of the bail application, it is stated that there is no oral agreement between the parties but the complainant has fraudulently transferred Rs.2,29,000/- in the petitioner's bank account without his knowledge. Complainant himself misappropriated the money sent by his elder brother and in order to save his skin this false case has been instituted against the petitioner. Petitioner has one criminal antecedent as mentioned in para 3 of the supplementary affidavit.

5.

Learned APP for the State and learned counsel for O.P. No.2 opposed the prayer for bail.

6.

Having regard to the facts and circumstances of the case and since petitioner is agreed to return the aforesaid amount to the complainant, let the above named petitioner, be released on provisional bail for a period of two months, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/Successor Court in connection with Complaint Case No.981 of 2023 (Trial No. 1133 of 2024),

Patna High Court CR. MISC. No.71975 of 2024(3) dt.31-01-2025 3/3 subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

7.

The learned court below is directed to confirm the provisional bail of the petitioner after satisfying that the petitioner has paid the aforesaid amount to the complainant. (Anjani Kumar Sharan, J) priyanka/- U T