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Md. Sazzad Alam v. The State of Bihar

Patna HC13 Dec 2024CR. MISC./34145/2023

Case brief

AI extract

What is this about?

Anticipatory bail withdrawal; provisional anticipatory bail cancelled; bail bonds cancelled; false assurance to court; non-payment of assured amount Rs. 4,00,000/- to informant/wife; Baby Khushbu/Khushboo; Md. Sazzad Alam; PS Case No. 1677 of 2018, Samastipur complaint case; direction to court below to procure attendance; Superintendent of Police Samastipur responsible for production; Patna High Court; CR. MISC. No.34145 of 2023; decided 13-12-2024; Justice Nawneet Kumar Pandey.

What did the court decide?

Withdrawal of the provisional anticipatory bail order dated 23-01-2024 and cancellation of the petitioner's bail bonds; direction to the court below to procure the petitioner's attendance; the Superintendent of Police, Samastipur held responsible for producing the petitioner, with a copy of the order to be transmitted to him immediately.

Md. Sazzad Alam Vs The State of Bihar — Patna HC (2024) — LawSathi Research

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the provisional anticipatory bail granted to the petitioner on 23-01-2024, on his assurance to pay Rs. 4,00,000/- to the informant, should be withdrawn in view of his complete failure to make any payment.

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Court's answer

The order dated 23-01-2024 granting the petitioner provisional anticipatory bail is withdrawn and his bail bonds are cancelled, the Court having found that he obtained the bail on a false assurance and paid nothing.

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Ratio / Principle

The learned court below is directed to proceed further to procure the attendance of the petitioner in the court.

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Key takeaways

The Superintendent of Police, Samastipur is made responsible for production of the petitioner before the court below, and a copy of the order is to be transmitted to him immediately.ratio¶20

Detailed headnote1 paragraphs

Patna High Court (Nawneet Kumar Pandey, J.), CR. MISC. No.34145 of 2023, decided 13-12-2024 (oral order): The petitioner, granted provisional anticipatory bail on 23-01-2024 in a Samastipur complaint case (PS Case No. 1677/2018) on his assurance to pay Rs. 4,00,000/- to his wife/informant in her Punjab National Bank account within nine months, paid nothing over 11 months and showed no cogent reason for non-payment. Holding that he obtained the bail on a false assurance, the Court withdrew the order dated 23-01-2024, cancelled his bail bonds, directed the court below to procure his attendance, made the Superintendent of Police, Samastipur responsible for his production, and ordered a copy of the order to be transmitted to the SP immediately; the petition was disposed of.

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.34145 of 2023

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Arising Out of PS. Case No.-1677 Year-2018 Thana- SAMASTIPUR COMPLAINT CASE District- Samastipur

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MD. SAZZAD ALAM S/O LATE MD. YASEEN R/O Village- Ward No. 3, Saharsa Basti, P.S- Saharsa, Distt.- Samastipur.

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... ... Petitioner/s

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Versus

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The State of Bihar

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Baby Khushbu W/O Md. Sazzad Alam, D/O Md. Ahmad Reza R/O Ward No. 33, Saharsa Basti, P.S- Saharsa, Distt.-Samastipur, At present R/O Village and P.O- Sari, P.S- Warisnagar, Distt.- Samastipur.

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... ... Opposite Party/s

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====================================================== Appearance : For the Petitioner/s : Mr.Pramod Mishra For the Opposite Party/s : Mr.Meena Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY

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ORAL ORDER

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11 13-12-2024 Heard.

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The petitioner was granted provisional anticipatory bail by order dated 23-01-2024 on the assurance that he would pay Rs. 4,00,000/- (Four lacs) to his wife, Baby Khushboo (informant) in her account No. 3504000100454864, IFSC CodePUNB0350400 (Punjab National Bank). The petitioner had assured that the entire amount shall be deposited in the bank account of the informant within a period of nine months from the date of that order i.e. 23-01-2024.

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Learned counsel for the informant has submitted that after lapse of 11 months, the petitioner did not pay single

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Patna High Court CR. MISC. No.34145 of 2023(11) dt.13-12-2024 2/2

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farthing and hence, he did not adhere to his words on the basis whereupon, he became successful in obtaining the order of provisional anticipatory bail.

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No cogent reason for non-payment of even a single penny has been shown to the court by the learned counsel for the petitioner. It appears that he became successful in obtaining provisional anticipatory bail on false assurance.

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The order dated 23-01-2024 by which the petitioner was granted provisional anticipatory bail is hereby withdrawn. His bail bonds is directed to be cancelled.

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