Md. Wasim @ Shekh Vasim v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.70874 of 2024 Arising Out of PS. Case No.-59 Year-2024 Thana- BARGAINIA District- Sitamarhi ====================================================== Md. Wasim @ Shekh Vasim S/o Late Sk. Nisar Ahmad @ Late Sk. Nesar R/o Village- Chakwa, Ward No.6 Lohari Tola, P.S.- Bairganiya, DistrictSitamarhi ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Mukesh Kumar Jha, Adv.

For the Opposite Party/s :

Mr. Sharda Kumari, APP For the Informant/s :

Mr. Santosh Kumar, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 24-02-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has preferred this application for grant of regular bail in connection with Bairganiya P.S. Case No. 59 of 2024 dated 07.03.2024 registered for the offences punishable under Sections 406, 420, 467, 468 read with Section 34 of the Indian Penal Code.

3. As per the prosecution case, the petitioner cheated the informant and his brother on the pretext of service in Kuwait and handed over them forged tickets of Airoplane and took Rs. 1,92,000/-.

4. Learned counsel for the petitioner has submitted

Patna High Court CR. MISC. No.70874 of 2024(3) dt.24-02-2025 2/3 that the petitioner is innocent and has falsely been implicated in this case. There is a land dispute between the parties. The occurrence took place on 06.01.2024 but the FIR was lodged on 07.03.2024 and there is no explanation for this delay. The petitioner has no concern with the alleged offence. The petitioner has three criminal antecedents in which he is on bail in all the cases as stated in para 3 of the bail petition. The petitioner is in custody since 07.08.2024.

5. Learned A.P.P. for the State has opposed the bail petition of the petitioner.

6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Sitamarhi in connection with Bairganiya P.S. Case No. 59 of 2024, with the following conditions:- (i) The petitioner is directed to remain physically present before the learned Court below on each and every date, failing which on two consecutive dates without reasonable cause, the bail bonds of the petitioner are liable to be cancelled. (ii) If the petitioner is found involved in similar nature

Patna High Court CR. MISC. No.70874 of 2024(3) dt.24-02-2025 3/3 of offence in future, the prosecution will be at liberty to move for cancellation of his bail bond.

7. The application stands allowed.

(Chandra Prakash Singh, J) shivam/- U T