Patna High CourtCR. MISC./14091/2018bail granted

Asharaf Ali v. State Of Bihar And ANR

2018-04-10Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.14091 of 2018 Arising Out of PS.Case No. -273 Year- 2016 Thana -MADHUBANI COMPLAINT CASE DistrictMADHUBANI ====================================================== Asharaf Ali, Son of Md. Juber, R/o Village- Batauna, P.S.- Benipatti, DisttMadhubani. .... .... Petitioner

Versus

1. The State of Bihar.

2. Arun Mishra, S/o Late Upendra Mishra, Vill- Betauna, P.s.- Benipatti, Dist- Madhubani.

.... .... Opposite Parties ====================================================== Appearance :

For the Petitioner/s : Mr. Md. Soban Asghar For the Opposite Party/s : Mr. Mustaque Alam ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 10-04-2018 Heard learned counsel for the petitioner.

Petitioner apprehends his arrest in connection with C.R.Case No. 273 of 2016, T.R.No. 2256 of 2017, lodged for the offences punishable under Sections 323, 384, 405 and 504 of the Indian Penal Code.

Allegation against the petitioner is that he has taken land of the complainant for construction of brick kiln and as per agreement he has to pay Rs.1,71,200/- but he did not pay. Submission of learned counsel for the petitioners is that complainant has not allowed him to do business and further he has paid some amount to the complainant but in spite of that the present false and concocted case has been filed.

Patna High Court Cr.Misc. No.14091 of 2018 (2) dt.10-04-2018 2/2 Heard learned APP also.

Having heard both sides and in view of nature of allegation, let the petitioner, above named, in the event of his arrest or surrender, be released on bail on furnishing bail bond of Rs.25,000/- (Rupees twenty five thousand) with two sureties of the like amount each to the satisfaction of the Additional Chief Judicial Magistrate, Benipatti, Madhubani, in connection with C.R.Case No. 273 of 2016, T.R. No.2256 of 2017, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure and further condition that one of the bailors shall be a local person having sufficient immoveable properties within the jurisdiction of court concerned.

(Vinod Kumar Sinha, J) spal/- U