Md Mustafa @ Mustafa Kamal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.71460 of 2022 Arising Out of PS. Case No.-801 Year-2022 Thana- SHERGHATI District- Gaya ====================================================== MD MUSTAFA @ MUSTAFA KAMAL S/O Md Jalal @ Akhtar Jawal R/O Village- Bunda Bigha P.S- Barachatti, District- Gaya ... ... Petitioner/s

Versus

THE STATE OF BIHAR Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Sanjay Kr. Sinha For the Opposite Party/s :

Mr.Syed Ehteshamuddin ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 14-03-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 420, 406/34 of the Indian Penal Code.

As per prosecution case, the informant alleged that at instance of this petitioner, the informant paid Rs. 1,00,000/- through several installment to the co-accused Saif Ali who was indulged in trading and after three months when the informant asked about his money, the accused persons denied to return the same. It is further alleged that informant gave Rs. 94,000/- in two installments in the account of one Ankit Kumar and cash of Rs. 50,000/- was given to Md. Sahnwaz.

Learned counsel for the petitioner submits that the

Patna High Court CR. MISC. No.71460 of 2022(2) dt.14-03-2023 2/2 petitioner is innocent and committed no offence. He has falsely been made accused in the present case. It is further submit that the alleged amount has been transferred to Saif Ali by the informant and no any amount has been given to the petitioner. From perusal of FIR, it is evident that the entire allegation is against Saif Ali. A statement has been made in para-3 of the petition that the petitioner has got no criminal antecedent. The petitioner is languishing in judicial custody since 4.9.2022. Learned APP appearing for the state has opposed the prayer of regular bail.

Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Sherghati P.S. Case No. 801 of 2022 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M. 1st Sherghati, Gaya. (Sunil Kumar Panwar, J) amandeep/- U