Md. Jalalluddin Hazam @ Jalalludin Hazam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.67028 of 2022 Arising Out of PS. Case No.-432 Year-2021 Thana- BIKRAMGANJ District- Rohtas ====================================================== MD. JALALLUDDIN HAZAM @ JALALLUDIN HAZAM S/O REUDDIN HAZAM @ ROJDIN HAZAM Resident of village- Ward No-22, Bikramganj, P.S.- Bikramganj, District- Rohtas.

... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Aditya Narayan Singh.1, Advocate For the Opposite Party/s :

Mr. Lalan Kumar, App For the informant :

Mr. Anil Kumar Singh, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 17-04-2023 Heard learned counsel for the petitioner, the learned APP for the State and learned counsel for the informant.

2. Petitioner seeks regular bail in connection with Bikramganj P.S. Case No. 432 of 2021 dated 25.11.2021 registered for the offence(s) punishable under Section(s) 406 and 420 of the Indian Penal Code.

3. At the outset, it is submitted by learned counsel for the petitioner that as per the allegation, petitioner had received rupees four lacs in pursuance of the alleged agreement but the same was provided to the petitioner as a friendly loan and in this regard, it is submitted that petitioner could not return the said amount to the informant due to loss in petitioner's business during Covid -19 pandemic, however, the petitioner is ready to repay the said amount in 10 instalments of one month interval and in this regard, petitioner has filed supplementary affidavit

Patna High Court CR. MISC. No.67028 of 2022(4) dt.17-04-2023 2/2 with the said undertaking. It is further submitted that the petitioner is a barber and has poor means of earning.

4. Learned counsel appearing for the informant is ready to accept the said amount in 10 instalments as per the proposal made by petitioner by way of supplementary affidavit.

5. Considering the above submissions, let the petitioner be released provisionally on bail for the period of 11 months on furnishing bail bond of Rs.10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of the Court concerned in connection with Bikramganj P.S. Case No. 432 of 2021, and the said privilege of bail will be confirmed by the trial court after repayment of the said amount of rupees four lacs to the informant within the said period of 10 months. If the petitioner fails to repay the said amount within the stipulated period, as undertaken by him, then privilege of bail granted by this order to the petitioner shall stand cancelled automatically.

(Shailendra Singh, J) Sanjay/- U T