Single Judge allowed regular bail to the petitioner in a cheating case involving fake agreements for land sale. The petitioner was directed to furnish a bond and provide sureties.
Petitioner directed to be enlarged on bail by furnishing a bond of Rs.10,000 with two sureties of the like amount.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.18994 of 2021
Arising Out of PS. Case No.-304 Year-2020 Thana- MADHUBAN District- East Champaran
======================================================
NIJAMUDDIN ANSARI @ LALLU @ MD. NIZAMUDDIN S/o Mokim Ansari Resident of Village- Madhuban, P.S.- Madhuban, Dist- East Champaran.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr. Sunil Kumar Pandey, Advocate For the Opposite Party/s : Mr. Parmanand Kumar, APP ======================================================
CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER
3 22-09-2021 Heard learned counsel for the parties through video conferencing.
The petitioner has preferred this application for grant of regular bail in a case registered under sections 419, 420 and 34 of the Indian Penal Code.
As per the prosecution case, it is stated by the informant that he entered into an agreement for purchase of land. On the assurance by the vendors that one of the share holders namely Rahman Fazal Seikh @ Md. Fazlu Rehman would be present and on payment of the total consideration amount to him the other persons would come and execute the sale deed in favour of the informant, it is stated that the informant paid different amounts as detailed in the FIR through
Patna High Court CR. MISC. No.18994 of 2021(3) dt.22-09-2021 2/3
cheques to the aforesaid Fazlu. It is stated that some of the amount was also paid through the petitioner. Inspite of the assurance given by the vendors including Fazlu that they would execute a sale deed and inspite of payment of a total sum of Rs. 28.5 lacs, the aforesaid Fazlu started avoiding the informant. Even on the informant requesting the petitioner, the petitioner told him that he did not know about the transaction. Thus, the FIR.
It is submitted by learned counsel for the petitioner that the petitioner has been falsely implicated in the case. He is neither the owner of the land in question nor any agreement for sale was entered into between him and the informant. It is submitted that the petitioner has transferred the total amount in the Bank account of the co-accused Fazlu and the petitioner has no role to play in the same. On the face of it this is a case of civil dispute between the informant and co-accused Fazlu. The petitioner is in custody since 14.12.2020 and has no criminal antecedent.
The application for bail is opposed by learned APP for the State and learned counsel for the informant. It is submitted by learned counsel for the informant that the petitioner, Fazlu Rahman and the members of his family had come to the land in
Patna High Court CR. MISC. No.18994 of 2021(3) dt.22-09-2021 3/3
question where the negotiation in the price had taken place and pursuant thereto different amounts on different dates had been paid by the informant including amounts paid to the petitioner. A total sum of Rs. 17 lacs was paid to the petitioner. The accused persons including the petitioner conspired against the informant and have cheated him.
Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case, the contents of the allegations in the FIR wherein there is no controversy so far as the fact of Fazlu and the members of his family being the owner of the land is concerned together with the petitioner having remained in custody for over 9 months and charge sheet having been submitted in the case, the Court directs the petitioner to be enlarged on bail in connection with Madhuban P.S. Case no. 304 of 2020 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, East Champaran, Motihari.
Prakash/-
(Partha Sarthy, J)
U
1 issue framed by the court
Whether to grant regular bail to the petitioner in a cheating case.
1 provisions across 1 enactments
Nijamuddin Ansari @ Lallu @ Md. Nizamuddin
The State of Bihar
Partha Sarthy
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
