← Library
Patna High CourtCR. MISC./3844/2019bail granted

Md. Akbar @ Solu And ANR v. The State Of Bihar

2019-03-08Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.3844 of 2019 Arising Out of PS. Case No.-80 Year-2018 Thana- SABAUR District- Bhagalpur ====================================================== 1.

Md. Akbar @ Solu, Son of Md. Israil Resident of village- Pithna, P.S. Goradih, Dist- Bhagalpur 2.

Akwal @ Md. Akwal @ Md. Akbal, Son of Late Ramjani Resident of village- Pithna, P.S. Goradih, Dist- Bhaglpur ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ranjan Kumar Jha For the Opposite Party/s :

Mr.Abhay Kumar For the Informant : Mr. Satish Chandra Pandey Mr. Subhesh Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 08-03-2019 This application, for grant of anticipatory bail, arises out of Sabour (Goradih) P.S. Case No. 80 of 2018, disclosing offences under Sections 341, 323, 420, 504, 506/34 of the Indian Penal Code.

Allegation against the petitioners is that by identifying the wrong person, they got the sale deed executed in favour of co-accused.

Submission of learned counsel for the petitioners is that material came in course of investigation shows that there is land dispute between the parties. Moreover, petitioner is only the witness in sale deed and not the beneficiary as sale deed has been executed in favour of other person.

Patna High Court CR. MISC. No.3844 of 2019(3) dt.08-03-2019 2/2 Heard learned A.P.P. as well as learned counsel for the informant. They have opposed the prayer for bail on the ground that the petitioners identified the wrong person and got the sale deed executed in favour of the co-accused. Having heard both sides, in view of the above fact and circumstances as well as the nature of allegation, let the petitioner, above named, in the event of their arrest or surrender before the court below within six weeks, be released on bail on furnishing bail bond of Rs. 25,000/- (Rupees Twenty five Thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Bhagalpur, in connection with Sabour (Goradih) P.S. Case No. 80 of 2018, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.

(Vinod Kumar Sinha, J) sunilkumar/- U T