IN THE MOOT COURT OF JUDICIAL MAGISTRATE FIRST

CLASS, CNLU PATNA

Gandhi Maidan Moot PS Case no. 156/ 2016

GR No. 2769/2016
u/s 420, 406, 120B of IPC, 1860

IN THE MATTER OF
An application u/s
437 of CrPC 1973

And
In the matter of

Om Narayan Sharma (60 yrs), S/o Late Muktinath

Sharma, resident of North Mandiri, P.S.- Buddha
Colony, District- Patna. . . .
Petitioner/Accused

V/s

The State Of Bihar ( through Vikash Agarwal). . .

. . . . Opponent

The Humble
Bail Petition
on Behalf of
Accused Named
Above
APPLICATION UNDER SECTION 437 OF THE CODE OF
CRIMINAL PROCEDURE 1973 FOR GRANT OF BAIL

Most Respectfully Sheweth:

1. That the present application under section 437 of

the Code of Criminal Procedure 1973 is being filed
by the petitioner/accused for seeking grant of
regular bail in Gandhi maidan PS case no. 156/2016
and GR. no. 2769/2016 lodged u/s 406, 420, 120 B of
IPC. The present petition is being moved as the
petitioner/accused as he has been arrested on
06/05/2016 in connection with the above said FIR.
The petitioner/accused is now in judicial custody.

2. That the petitioner/accused has never moved

either before session court or high court or before
this learned court at any early stage or stages for
grant of Bail.

3. That as per the information received from the

close relative and pervikaar of the
petitioner/accused , there is no criminal antecedent
of the petitioner.

4. That as per the allegation made in the Gandhi

maidan PS case no. 156/2016 and GR. no. 2769/2016
lodged u/s 406, 420, 120 B of IPC it is stated that
under a written agreement on 25.05.2009, the
petitioner/accused , settled with the respondent
that he needs One Crore Ten Lakh Rupees to buy 19.5%
stakes of another partner Syed Jamilpur Rehman. In
return, the petitioner/accused would construct a
modern commercial building on the said plot and give
him a road side, front facing, 3000 square feet shop
at the rate of 6000 sq.ft./ per feet. Under the
written agreement, Rs. 1,10,00,000/- was transferred
immediately in advance. And in case the building is
not constructed within 3 years interest rate will be
given at the rate of 16% per annum on rupees
1,10,00,000 ( one crore ten lakhs). It has been 7
years and the petitioner/accused has neither
provided the above said shop nor returned the
amount.

5. The petitioner/accused is innocent and no useful

purpose would be served by keeping him under custody
and this is a fit case for grant of regular bail. He
is ready to compromise as the offences are
compoundable and also is ready to give Rs.
1,10,00,000/-, the disputed amount, to the
respondent. He is also ready to furnish the bail
bond for the satisfaction of the court. He is ready
to pay back Rs 1,10,00,000/- to the respondent in
instalments on furnishing.
6. That the petitioner/accused is innocent and is
being falsely implicated in the above said case as
he has nothing to do with the matter.

7. That the petitioner/accused is a law abiding

citizen of India. The petitioner/accused is
gainfully carrying on the business at Chanakya
Picture Palace, Exhibition Road, P.S. Gandhi Maidan,
Town and District- Patna.

8. That the petitioner/accused is a responsible

person and is living at the above mentioned
address.The petitioner/accused is also ready to
give undertaking that he will not leave the city
without the permission of court.

9. That the petitioner/accused undertakes to abide

by the conditions that this Hon’ble Court may impose
at the time of granting bail to the
petitioner/accused and further undertakes to attend
the trial on every date of hearing.

PRAYER:

In view of the above stated facts and circumstances

it is most respectfully prayed that this Hon’ble
Court may be pleased to
a. Grant bail to the petitioner/accused in
connection with Gandhi Maidan P.S. case No.156/2016
G.R. no.2769/2016 registered under section 420, 406,
120B of IPC, to the satisfaction of the Moot court
of Judicial Magistrate 1st class, CNLU Patna.

b. Pass any other such order as this Hon’ble Court

may deem fit and proper in the interest of justice.

For that the petitioner shall ever pray.

OM NARAYAN SHARMA.........PETITIONER

THROUGH

DIKSHA AND AANCHAL.........COUNSEL

PLACE: PATNA

DATED: 08/02/2022