Majhar Alam Syed @ Majhar Alam @ Syed Majhar Alam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.75876 of 2019 Arising Out of PS. Case No.-85 Year-2019 Thana- SATHI District- West Champaran ====================================================== Majhar Alam Syed @ Majhar Alam @ Syed Majhar Alam, S/o- Syed Aftab Alam, R/o Village- Dharampur Semri, P.S.- Sathi, District- West Champaran. ... ... Petitioner

Versus

The State of Bihar ... ... Opposite Party ====================================================== Appearance :

For the Petitioner :

Mr. Sanjay Kumar Pandey, Advocate For the Opposite Party :

Mr. Shyam Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 17-06-2020 Heard learned counsel for the petitioner and learned counsel for the State via video conferencing. By way of the present application, the petitioner has sought for pre-arrest bail in connection with Sathi P.S. Case No. 85 of 2019 registered for the offence punishable under Sections 365, 384, 385, 388, 166 and 120B of the Indian Penal Code.

It is submitted by the learned counsel for the petitioner that the police have arrested the son of the informant in connection with Sathi P.S. Case No.162 of 2018 and he was brought to Sathi and was remanded in the case. As far as the petitioner is concerned, he has no role in getting the son of the informant arrested. It is further contended that the husband of

Patna High Court CR. MISC. No.75876 of 2019(3) dt.17-06-2020 2/3 the informant was in business term with the petitioner and had taken loan from him. This fact has also been admitted by the informant in the first information report. She has stated in the first information report that she has no relation with her husband or her son and her son also has no relation with his father. As far as the petitioner is concerned, he has nothing to do either with the informant or her husband. It is further contended that from the perusal of the first information report, it would be evident that the informant and her husband both have been taken loan from several persons and the instant first information report has been filed against the petitioner and others, who are creditors to the husband of the informant and informant herself.

Learned counsel for the State and learned counsel for the informant have opposed the application for grant of prearrest bail to the petitioner. Regard being had to the nature of allegation and the submissions advanced at the Bar, the petitioner is directed to be released on bail in the event of arrest or surrender in the court below on furnishing bail bond of Rs.10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, West Champaran at Bettiah in connection with Sathi P.S. Case No.

Patna High Court CR. MISC. No.75876 of 2019(3) dt.17-06-2020 3/3 of 2019 subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Ashwani Kumar Singh, J.) Sanjeet/- U T