Ataur Rahman Khan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.86213 of 2024 Arising Out of PS. Case No.-427 Year-2024 Thana- LAHERIYASARAI District- Darbhanga ====================================================== 1.
Ataur Rahman Khan S/O Late Ishaque Khan @ Late Ishak Khan R/O Vill.- Ratanpura, P.S.- Ashok Paper Mill, District- Darbhanga 2.
Nasibur Rahman Khan S/O Ataur Rahman Khan R/O Vill.- Ratanpura, P.S.- Ashok Paper Mill, District- Darbhanga ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioners :
Mr. Madhav Kumar, Advocate For the State :
Mr. Umeshanand Pandit, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 28-01-2025 Heard learned counsels for the parties.
2. The petitioners apprehend their arrest in a case registered for the offence punishable under Sections 406, 420 and 34 of the Indian Penal Code.
3. As per prosecution case, it is alleged that these petitioners, along with another F.I.R. named accused person, took total Rs. 2,00,000/- from the informant in lieu of helping his son in getting a job.
4. It is submitted by learned counsel appearing on behalf of the petitioners that petitioners are innocent and have not committed any offence. From bare perusal of the F.I.R. it is
Patna High Court CR. MISC. No.86213 of 2024(3) dt.28-01-2025 2/3 apparent that these petitioners have not taken any money from the informant. As a matter of fact, petitioners have falsely been implicated in this case merely because Petitioner No. 1 is father and Petitioner No. 2 is own brother of co-accused Amiur Rahman who is alleged to have taken money from the informant. It is further submitted that the alleged agreement or contract is unlawful and the informant parted with money for an illegal purpose and he cannot be allowed to urge that he has been cheated. Petitioners claim clean antecedents.
5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of anticipatory bail to the petitioners.
6. Considering the aforesaid facts and circumstances, nature of accusation and clean antecedents of the petitioners, the prayer for grant of anticipatory bail to the petitioners is allowed.
7. Accordingly, in the event of arrest/surrender within a period of eight weeks from today, let the above named petitioners be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned C.J.M., Darbhanga in connection with Laheriasarai P.S. Case No. 427 of 2024, subject
Patna High Court CR. MISC. No.86213 of 2024(3) dt.28-01-2025 3/3 to condition as laid down under Section 482 of the B.N.S.S.. (Prabhat Kumar Singh, J) shashank/- U T