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Patna High CourtCR. MISC./6748/2024bail granted

Wazid Hussain Ansari @ Wazid Hussain v. The State Of Bihar

2024-02-22Mr. Justice Anil Kumar Sinha3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.6748 of 2024 Arising Out of PS. Case No.-400 Year-2023 Thana- RAMNAGAR District- West Champaran ====================================================== WAZID HUSSAIN ANSARI @ WAZID HUSSAIN Son of Late Mustak Miyan @ Mustak Hussain Resident of Village-Dhokraha, Police StationRamnagar, District-West Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Ms.Prerna Anand For the Opposite Party/s :

Mr.Bhanu Pratap Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 22-02-2024

1. Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. This application, for grant of anticipatory bail, arises out of Ramnagar Police Station Case No. 400 o 2023, dated 02.09.2023, disclosing offences punishable under Sections 341/323/384/467/468/471/420/379/34 of the Indian Penal Code.

3. The prosecution case, as per the First Information Report, is that the accused persons, including the petitioner threatened to harvest the crop standing upon the agricultural land of the informant. Upon enquiry, the petitioner told the informant that he has executed deed of

Patna High Court CR. MISC. No.6748 of 2024(2) dt.22-02-2024 2/3 sale of the said land in favour of his sons.

4. Learned Counsel for the petitioner submits that on the basis of concocted story, the present First Information Report has been lodged. In fact, the petitioner is the brother-in-law of the informant and the petitioner's wife is the nanad of the informant. In the family arrangement, the land, in question, was given to the petitioner's wife by her father, namely, Barkat Hussain. The wife of the petitioner transferred the land in the name of her sons. He further submits that Title Suit No. 677 of 2023 has been filed by the wife of the petitioner and immediately after filing of the title suit, the present First Information Report -cum- complaint petition has been lodged by the informant.

5. Regards being had to the submissions advanced on behalf of the parties and taking into consideration the fact that both the parties are closely related, title suit is pending between them, I am inclined to grant the petitioner privilege of anticipatory bail.

6. This application is, accordingly, allowed.

7. Let the petitioner, above named, in the event of his arrest or surrender before the Court below within a period of

Patna High Court CR. MISC. No.6748 of 2024(2) dt.22-02-2024 3/3 four weeks from today, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Sub Divisional Judicial Magistrate, West Champaran, at Bagaha, in connection with Ramnagar Police Station Case No. 400 of 2023, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure. (Anil Kumar Sinha, J.) Prabhakar Anand/- U √ T √