Sheikh Manjoor v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.77428 of 2019 Arising Out of PS. Case No.-564 Year-2016 Thana- WEST CHAMPARAN COMPLAINT District- West Champaran ====================================================== Sheikh Manjoor Son of Late Sheikh Rahman Resident of Village - Kokiladih Bhakha Tola, P.S.- Sirisia, O.P., Distt.- West Champaran. ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Sk. Latif son of Late Sheikh Rajjak village- Baridori Awsari, P.S.- Laukaria, District- West Champaran ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Anand Kishore Choudhary, Advocate For the Opposite Party/s :

Mr.Md. Mushtaque Alam, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 18-02-2020 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner apprehends his arrest in Complaint Case Case No. C-564 of 2016 corresponding to Sessions Trial No. 398/2019), registered for the offences punishable under Sections 341, 323, 420, 406 and 34 of the Indian Penal Code. Petitioner is brother-in-law (Bahnoi) of the complainant. It is alleged that petitioner took Rs. 1,00,000/- as loan, but he did not return the money.

It is submitted by learned counsel appearing on behalf of petitioner that petitioner has falsely been implicated in this case. There is no chit of paper available on the record which

Patna High Court CR. MISC. No.77428 of 2019(3) dt.18-02-2020 2/3 shows that petitioner has taken money from the complainant. There is land dispute between the parties. Petitioner has earlier filed a complaint case no. 1820(C)/2014 under Section 341, 323, 406, 420 and 120(B) of the Indian Penal Code against the complainant. Petitioner has got clean antecedent. Considering the facts aforesaid, the petitioner abovenamed, in the event of his arrest/surrender before the court below within a period of six weeks from the date of receipt/production of a copy of this order, is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate Ist Class, Bagaha, West Champaran in connection with Complaint Case Case No.

C-564 of 2016 corresponding to Sessions Trial No.

Patna High Court CR. MISC. No.77428 of 2019(3) dt.18-02-2020 3/3 cancelled by the court below.

(ii) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner. (Prabhat Kumar Singh, J) vinita/- U T