Abdullah Rahman @ Sarique v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.33288 of 2018 Arising Out of PS.Case No. -461 Year- 2017 Thana -BAHADURPUR District- DARBHANGA ====================================================== Abdullah Rahman @ Sarique S/o Md. Sadra Alam R/o Village - Bahuara, P.S. Patepur, District - Vaishali at present R/o Magistrate Colony, Ashiana Nagar, Raja Bazar, P.S. - Shastrinagar, District - Patna. .... .... Petitioner
Versus
The State of Bihar.
.... .... Opposite Party ====================================================== Appearance :
For the Petitioner/s : Mr. Ashhar Mustafa For the Opposite Party/s : Mr. S.K. Singh For Informant : Mr. Pankaj Kumar Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 04-07-2018 Heard learned counsel for the petitioner.
Petitioner apprehends his arrest in connection with Bahadurpur P.S.Case No. 461 of 2017 registered for the offences punishable under Sections 406, 420 and 467/34 of the Indian Penal Code.
Allegation as per FIR is that there was an agreement arrived at between one Jagdish Thakur, informant along with his wife with one Ajay Kumar for purchase of land and as per agreement Rs.32.5 lakhs was transferred to the account of this petitioner and thereafter they refused to sale the land and not returned the money.
Submission of learned counsel for the petitioner is that
Patna High Court Cr.Misc. No.33288 of 2018 (3) dt.04-07-2018 2/2 whatever amount has been received in his account that has been transferred to the account to one Md. Rizwan which will appear from paragraph 53 of the case diary and petitioner is nowhere concern with the agreement.
Heard learned APP and learned counsel for the informant, who has opposed the prayer for anticipatory bail stating that on the instruction of Ajay the whole amount has been transferred to the account of this petitioner and he has transferred the money to some other account as such they have created a gang for cheating innocent persons in such a way.
Having heard both sides and in the facts and circumstances, I am not inclined to grant privilege of anticipatory bail to the petitioner, rather petitioner to surrender and make prayer for regular bail, which shall be considered on its own merit. With the above observation, this application is dismissed. (Vinod Kumar Sinha, J) spal/- U