Sahzada Rafi Ahmad Vs the State of Bihar — Cheque Dishonour | Patna HC (2024)

Sahzada Rafi Ahmad Vs the State of Bihar — Cheque Dishonour | Patna HC (2024)

What the court decided

AI extract

Outcome

Anticipatory bail granted: petitioner to be released on bail in the event of arrest or surrender before the learned court below within four weeks from 09-04-2024, on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each, to the satisfaction of Additional Chief Judicial Magistrate-XIV, Patna Sadar in connection with Phulwarisharif P.S. Case No. 774 of 2023, subject to the conditions laid down under Section 438(2) of the Cr. P.C.

Issue for consideration

Whether the petitioner, who apprehends arrest in Phulwarisharif P.S. Case No. 774 of 2023 (Ss. 406, 420, 468, 34, 120B IPC and S. 138 N.I. Act), should be released on anticipatory bail.

Court's answer

This Court, having considered the facts and circumstances of the case, granted the petitioner's anticipatory-bail prayer: he may be released on bail on arrest or surrender before the learned court below within four weeks from 09-04-2024.

Ratio / Principle

Terms of the grant: bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each, to the satisfaction of Additional Chief Judicial Magistrate-XIV, Patna Sadar, in connection with Phulwarisharif P.S. Case No. 774 of 2023.

Key takeaways

The release is expressly made subject to the statutory conditions laid down under Section 438(2) of the Cr. P.C.ratio¶19

Detailed headnote1 paragraphs

ANTICIPATORY BAIL GRANTED — CR. MISC. No.76679 of 2023 (Patna High Court, oral order of Justice Prabhat Kumar Singh, dt. 09-04-2024): petitioner Sahzada Rafi Ahmad, apprehending arrest in Phulwarisharif P.S. Case No. 774 of 2023, District Patna (registered under Ss. 406, 420, 468, 34, 120B IPC and S. 138 N.I. Act; FIR allegation: consideration money taken in advance, sale deed not executed, money not returned on demand), was ordered released on bail on arrest or surrender before the court below within four weeks, on bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each, to the satisfaction of Additional Chief Judicial Magistrate-XIV, Patna Sadar, subject to the conditions laid down under S. 438(2) Cr. P.C. Petitioner's counsel had pleaded innocence and absence of criminal antecedents, asserted the informant's failure to pay the Rs. 70 lacs second instalment, and that per the FIR the Rs. 25 lacs cheque was tendered by co-accused Mansoor Ansari alone; the State and the Informant opposed the prayer.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.76679 of 2023

Arising Out of PS. Case No.-774 Year-2023 Thana- PHULWARISHARIF District- Patna

======================================================

Sahzada Rafi Ahmad Son Of Late Dr. Md. Yunsh @ Md. Yunsh R/O Flat No. 503, Maqbool Apartment, Kabari Gali, Behind Gargi Grand Hotel, Exhibition Road, P.S.- Gandhi Maidan, Dist.- Patna

... ... Petitioner/s

Versus

The State of Bihar .. ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Ajay Kumar, Adv. Mr. Binod Kumar Sinha, Adv. For the State : Mr. Bharat Bhushan, APP For the Informant : Mr. Rashid Zafar, Adv. ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER

4 09-04-2024

Heard learned counsel for the petitioner, learned

A.P.P. for the State and learned counsel for the Informant.

The petitioner apprehends his arrest in connection with Phulwarisharif P.S. Case No. 774 of 2023 registered under Sections 406, 420, 468, 34, 120B of the Indian Penal Code and Section 138 of the N.I. Act.

It is alleged that despite taking the consideration money in advance, this petitioner did not execute the sale deed in favour of the informant. When the informant demanded the money, the petitioner refused to return the same.

Learned counsel appearing on behalf of the

Patna High Court CR. MISC. No.76679 of 2023(4) dt.09-04-2024 2/3

petitioner submits that petitioner is innocent and has falsely been implicated in the present case by the informant. Further submission is that the informant himself has failed to pay Rs. 70 lacs to the petitioner as second installment for release of land from the debt and on the account of non-compliance of the said commitment, the sale deed could not be executed. Learned counsel further submits that according to the first information report, the cheque for a sum of Rs. 25 lacs was not given by the petitioner rather it is alleged to have been given by co-accused Mansoor Ansari alone. The petitioner has neither received any advance nor received any cheque. The petitioner has got no criminal antecedent.

Learned counsel for the State as well as for the Informant oppose the prayer of the petitioner for bail.

Having considered the facts and circumstances of the case, let the above named petitioner be released on bail, in the event of arrest or surrender before the learned court below within a period of four weeks from today, on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Additional Chief Judicial Magistrate-XIV, Patna Sadar in connection with Phulwarisharif P.S. Case No. 774 of 2023, subject to the

Patna High Court CR. MISC. No.76679 of 2023(4) dt.09-04-2024 3/3

conditions as laid down under Section 438(2) of the Cr. P.C.

(Prabhat Kumar Singh, J)

utkarsh/-

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