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Patna High CourtCR. MISC./6470/2023allowed

Faiaz Alam v. The State Of Bihar

2023-06-27Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.6470 of 2023 Arising Out of PS. Case No.-148 Year-2022 Thana- TARAPUR District- Munger ====================================================== FAIAZ ALAM SON OF MD. TOHID ANSARI @ MD. TOUHID ANSARI R/O VILLAGE- GAJIPUR, P.S.- TARAPUR, DISTRICT- MUNGER ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Nishant Kumar Jha, Adv.

For the Opposite Party/s :

Mr.Uday Chand Prasad, APP For the Informant :

Mr.Chandan Kumar Kashyap, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 27-06-2023 Heard learned counsel for the petitioner, learned counsel for the informant and learned APP for the State. The petitioner apprehends his arrest in a case registered for the offence punishable u/s 420, 467, 468, 471/34 of the IPC. Allegedly, the petitioner is said to have conspired with other accused to usurp the land which was purchased by the informant.

It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has committed no offence. He has been falsely implicated in this case. No such occurrence, in the manner as alleged, has ever taken place. The allegation leveled against the petitioner is not specific rather general and omnibus in nature. Petitioner is the purchaser of the land in

Patna High Court CR. MISC. No.6470 of 2023(4) dt.27-06-2023 2/2 question and he purchased the said land from the owner Bibhanshu Kumar Choudhary and informant submits that he has also purchased the said land from Bibhanshu Kumar Choudhary. It is a civil dispute between the parties and petitioner is only a purchaser. Petitioner has no criminal antecedent. Learned APP for the State opposed the prayer for bail. Having regard to the facts and circumstances of the case, since there is a civil dispute between the parties, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/Successor Court in connection with Tarapur P.S. Case No.148/2022, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

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