Ram Bilash Chaudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.9848 of 2020 Arising Out of PS. Case No.-1284 Year-2018 Thana- NAWADAH COMPLAINT CASE District- Nawada ====================================================== Ram Bilash Chaudhary, aged about 36 years, Male, Son of Dhuma Chaudhary, Resident of Village - Abadulpur Pakariya, P.S.- Nardiganj, District- Nawada ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Md. Riyaz Son of Md. Kalim Resident of Village and P.S.- Nardiganj, District- Nawada ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Krishna Deo Raj, Advocate For the Opposite Party/s :

Mr.Binod Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 23-06-2020 Heard the parties through the virtual court proceeding. The petitioner apprehends his arrest in connection with Complaint Case No.1284 of 2018 registered for the offences punishable under Sections 323, 384, 420, 504, 506 and 385 of the Indian Penal Code.

The prosecution story in brief is that the complainant Md. Riyaz filed a Complaint Case No.1284 of 2018 before the learned C.J.M., Nawada and after inquiry under Section 202 of Cr.P.C. cognizance has been taken therein it has been alleged inter alia that 04.06.2018, the complainant made a registered sale deed of .4 decimal land of constructed house by Md. Ahmad Raza, Hamid Raza and Jamid Raja of R.S. Khata

Patna High Court CR. MISC. No.9848 of 2020(3) dt.23-06-2020 2/3 No.301, R.S. Plot No.68. The said land has been purchased by the complainant at the instance of the petitioner and witness no.1 Md. Mumtaz. The petitioner had said that the said land is undisputed but the accused no.5, Md. Ezaz Alam was living in the said house on rent after execution of sale deed the complainant want to vacate the renter but refused to vacate the said house.

Learned counsel for the petitioner submits that the petitioner is quite innocent, has committed no any offences rather he has falsely been implicated and concocted in the present case. He further submits that there is no specific, general and omnibus allegation against the petitioner but the petitioner had said that the land is not disputed. He further submits that the said land is not disputed in any manner of title. Only allegation against the petitioner is that the petitioner had said that the same land is undisputed but the accused no.5, Md. Ezaz Alam was living in the said house on rent after execution of sale deed the complainant want to vacate the renter but refused to vacate the said house. There is no specific allegation against the petitioner. Learned A.P.P. for the State has opposed the prayer for bail.

In the facts and circumstances of the case, let the

Patna High Court CR. MISC. No.9848 of 2020(3) dt.23-06-2020 3/3 above named petitioner be released on bail, in the event of arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 25,000/- (twenty five thousand) only with two sureties of the like amount each to the satisfaction of learned 1st Class Judicial Magistrate, Nawada in connection with Complaint Case No. 1284 of 2018, subject to the condition as laid down under Section 438(2) of the Cr.P.C.

(Anjani Kumar Sharan, J) Nasimul/- U T