Md. Iftekhar Hasan @ Md.Iftekar Hasan @ Md. Iftekar Hussain v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.76481 of 2019 Arising Out of PS. Case No.-261 Year-2019 Thana- LAHERIMUHALLA District- Nalanda ====================================================== Md. Iftekhar Hasan @ Md. Iftekar Hasan @ Md. Iftekhar Hussain Son of Late Md. Kaleem Uddin @ Md. Kalimuddin Resident of Mohalla- Khankah, Katrapar, Post- Biharsharif, P.S.- Laheri, District- Nalanda (Bihar), 803101 ... ... Petitioner
Versus
1.
The State of Bihar 2.
Randhir Kumar ( Chief Manager), UCO Bank, Zonal Office, Patna ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Aaruni Singh For the Opposite Party/s :
Mr .Kumar Veerendra Narayan ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 19-06-2020 Heard learned counsel for the petitioner, learned counsel for the State and learned counsel for the UCO Bank via video conferencing.
The petitioner has filed the present application for grant of pre-arrest bail in connection with Laheri P.S. Case No. 261 of 2019 registered for the offence punishable under Sections 447, 448, 188, 406 and 384/34 of the Indian Penal Code. It is contended by the learned counsel for the petitioner that the entire case has been filed maliciously. The ingredients of the offence as alleged in the FIR are not attracted. Save and except Sections 406 and 384 of the Indian Penal Code, all other Sections are bailable in nature. There is no allegation of
Patna High Court CR. MISC. No.76481 of 2019(4) dt.19-06-2020 2/3 removal of hypothecated land and, hence, no case of criminal breach of trust would be made out. There is also no overt act alleged against the petitioner and, therefore, none of the ingredients of the offences of extortion would be attracted in the facts and circumstances of the case.
Learned counsel appearing for the State and learned counsel appearing for the UCO Bank have vehemently opposed the application for grant of pre-arrest bail to the petitioner. They submitted that a loan was given to the Tallat Najneen Jakiya, daughter of Md. Kalimuddin by the UCO Bank, Biharsharif, Nalanda Branch against the property pertaining to MauzaKarampur (Paharpur) Katrapar, P.S. Laheri, District-Nalanda and due to non-payment of loan money, eventually the Bank had taken physical possession of the property in exercise of powers conferred under Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 on 20.06.2019, for which the District Magistrate, Biharsharif, Nalanda had appointed the District Child Development Project Officer, Biharsharif as the Executive Magistrate, Biharsharif. Subsequently, the petitioner and others broke the seal put by the Bank and forcibly and illegally took possession of the land, about which, a Sanha was lodged on 04.07.2019. They
Patna High Court CR. MISC. No.76481 of 2019(4) dt.19-06-2020 3/3 contended that since the petitioner and others have violated law and illegally took possession of the property, ingredients of the offence should be attracted.
Considering the nature of allegation, the submissions advanced at the bar, the petitioner is directed to be released on bail in the event of his arrest or surrender before the court below, on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M., Nalanda at Biharsharif in connection with Laheri P.S. Case No. 261 of 2019, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. (Ashwani Kumar Singh, J) rohit/- U T