Md. Sallauddin v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.85073 of 2023 Arising Out of PS. Case No.-456 Year-2023 Thana- RAXAUL District- East Champaran ====================================================== 1.
Md. Sallauddin Son Of Abdul Karim Resident Of Chhauradano Bada Bazar, P.S. - Chhauradano, District - East Champaran 2.
Khurshid Mian @ Khurshid Miyan Son Of Makbul Mian Resident Of Chilijhapati, P.S. - Nakardei, District - East Champaran ... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Abhishek Kumar For the Opposite Party/s :
Mr.Amitesh Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 15-01-2024 Heard learned counsel for the petitioners and learned APP for the State.
2. The petitioners have prayed for regular bail in a case instituted for the offence under Sections 406, 420/34 of the Indian Penal Code.
3. The allegation against the petitioners is of cheating the informant by taking an amount of Rs. 6,200/- after assuring
Patna High Court CR. MISC. No.85073 of 2023(2) dt.15-01-2024 2/3 of giving company's scheme.
4. It is submitted by learned counsel for the petitioners that petitioners have been falsely implicated in this case. They have committed no offence. The petitioners are agent in Dauphin Travel Marketing Private Ltd. Company and they are indulged in business of networking and during that course the informant also became an agent after depositing membership fee of Rs. 6,200/- and instead thereof he was provided the product of company worth Rs. 6,000/- and he was advised to link three other members, but he has failed to do so and lodged the present case with false and concocted allegations. The petitioners have not cheated anyone nor they have made any forgery in the documents. Petitioners have got no criminal antecedent as stated in para-3 of the bail petition. They are languishing in judicial custody since 11.10.2023.
5. The application for bail is opposed by learned APP for the State.
6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as period of custody, this court is inclined to enlarge the petitioners on bail. The above named petitioners are directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand
Patna High Court CR. MISC. No.85073 of 2023(2) dt.15-01-2024 3/3 only) each with two sureties of the like amount each to the satisfaction of the learned S.D.J.M., Raxaul, Motihari, East Champaran in connection with Raxaul P.S. Case No. 456 of 2023.
(Sunil Kumar Panwar, J) Arish/- U T