← Library
Patna High CourtCR. MISC./9365/2025allowed

Syed Ejaj Ahmad @ S.M. Ejaz Ahmad v. The State Of Bihar

2025-02-21Mr. Justice Ashok Kumar Pandey3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.9365 of 2025 Arising Out of PS. Case No.-307 Year-2024 Thana- SHEKHPURA District- Sheikhpura ====================================================== Syed Ejaj Ahmad @ S.M. Ejaz Ahmad Son of Iliyas Ahmad Resident of Village- Rahmat Nagar, Baranpur, P.S.- Asansol, Distt.- Vardman, West Bengal ... ... Petitioner/s

Versus

1.

The State of Bihar Bihar 2.

Syed Mohammad Ubaid Razza Son of Late Syed Mohammad Kamar Razza Resident of Village- Vatrikol, P.S.- Sheikhpura, Distt.- Sheikhpura ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Sheo Nandan Prasad, Advocate For the Opposite Party/s :

Mr.Ajay Kumar No. 2, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 21-02-2025 Heard learned counsel for the petitioner and Mr. Ajay Kumar No. 2, learned APP for the State.

2. The instant application for anticipatory bail has been filed by the petitioner apprehending his arrest in connection with Sheikhpura P.S. Case No. 307/2024, registered for the offence under Sections 319(2), 318(4), 338, 336, (3),340(2) BNS 2023.

3. The case of the prosecution is that the grand-father of the informant, namely, Saiyad Mohammad Ubaid Raza Umahas purchased land for his two minor sons. That land was not partitioned between uncle and father of the informant. Mohammad Kamar Raza died in year 2009. It is further alleged

Patna High Court CR. MISC. No.9365 of 2025(2) dt.21-02-2025 2/3 that the mother of the informant Kudusiya Raza remarried with one Saiyad Ezaz Ahmad. It is alleged that the said Kudusiya has sold that land to this petitioner having no title over it.

4. Learned counsel appearing on behalf of the petitioner submitted that petitioner is innocent and has committed no offence and he has falsely been implicated in this case. It has been argued by the learned counsel of the petitioner that the petitioner is the second husband and he has not sold the land. Further submission is that the petitioner has no concern with the alleged offence and petitioner has no criminal antecedent.

5. In contra, learned APP appearing for the State has opposed the prayer of bail of the petitioner.

6. Having heard learned counsel for the parties and in the facts and circumstances of the case as stated above, this Court is inclined to enlarge the petitioner on bail. The petitioner is directed to surrender in the Court below within a period of four weeks from today and in the event of his arrest or surrender in connection with Sheikhpura P.S. Case No. 307/2024, he will be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate,

Patna High Court CR. MISC. No.9365 of 2025(2) dt.21-02-2025 3/3 Sheikhpura, subject to the conditions as laid down under section 438(2) of the Cr.P.C.

(Ashok Kumar Pandey, J) Jagdish/- U T