Md. Iftekhar Hassan @ Iftekhar Hasan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.74915 of 2023 Arising Out of PS. Case No.-175 Year-2022 Thana- LAHERIMUHALLA District- Nalanda ====================================================== Md. Iftekhar Hassan @ Iftekhar Hasan Son Of Late Kalimuddin Md. Kaleem Uddin Resident Of Mohalla.- Katra Balakhi, P.S-. Laheri Town Biharsharif District- Nalanda ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Aaruni Singh For the Opposite Party/s :

Mr.Zainul Abedin ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 29-02-2024 Heard learned counsel for the petitioner, learned counsel for the informant and learned APP for the State.

2. The petitioner seeks bail in connection with Laheri P.S. Case No. 175 of 2022 registered for the offence under Section 406, 420, 120B/34 of the Indian Penal Code.

3. As per the prosecution case, the petitioner and other accused persons have cheated the informant.

4. At the very outset, it has been submitted by the learned counsel for the petitioner Shri Aruni Singh that the petitioner is ready to pay the admitted amount to the informant in installments.

5. On this, it has been submitted by the learned counsel for the informant that though, the admitted amount is

Patna High Court CR. MISC. No.74915 of 2023(5) dt.29-02-2024 2/3 75.80 lacs but for the present, the informant is ready to accept whatever amount is being given to him without prejudice to his right to recovery of the entire amount.

6. Having considered the rival submissions, this application is disposed of with following directions:- i). Let the petitioner, above named, be released on provisional bail for a period of one month from the date of his release on furnishing bail bond of Rs. 50,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned CJM, Nalanda at Biharsharif in connection with Laheri P.S. Case No. 175 of 2022. ii). After being released on provisional bail, the petitioner is directed to deposit an amount of Rs. 10 lakhs by way of demand draft in the name of the informant within a period of one month from the date of his release. If the amount of Rs.

10 lakhs is deposited within the stipulated time period of one month from the date of his release then the provisional bail granted to the petitioner shall be extended for the next six months. In the next six months the petitioner will pay rest amount of Rs. 44.80 lakhs in six equal installments i.e. the whole amount of Rs. 54.

Patna High Court CR. MISC. No.74915 of 2023(5) dt.29-02-2024 3/3 release. If the payment of entire admitted amount i.e. Rs. 54.80 lakhs is paid to the informant by the petitioner then the provisional bail granted to the petitioner shall be confirmed and if the same is not done by the petitioner then the bail bond of the petitioner shall be cancelled by the Court below. iii). The petitioner will deposit his passport, if any, in the Court below at the time of furnishing his bail bonds.

iv). The petitioner, after being released on bail is directed to mark his attendance at Laheri Police Station on first and third Sunday of each month. Any default in appearance at the police station will result in cancellation of bail bonds of the petitioner.

(Sandeep Kumar, J) Vikas/- U T