Najmul Hoda @ Huda v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.6084 of 2024 Arising Out of PS. Case No.-834 Year-2022 Thana- NAWADAH COMPLAINT CASE District- Nawada ====================================================== Najmul Hoda @ Huda, Son of late Kamrul Hoda @ Haji Kamrul Huda Resident of Ansar Nagar near Chhoti Imli, Gendapur, Nawada, P.S.-Nawada (as per complaint) exact P.S.-Bundelkhand, Distt.-Nawada ... ... Petitioner

Versus

1.

The State of Bihar 2.

Sahnila Khatoon, Wife of Md. Dilshad Ahmad, Resident of villageJamharia, P.S.-Dhamaul, Distt.-Nawada at present Ansar nagar, P.S.-Nawada Town, Distt.-Nawada ... ... Opposite Parties ====================================================== Appearance :

For the Petitioner/s :

Mr. Bijendra Kumar, Advocate For the Opposite Party/s :

Mr. Umesh Lal Verma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 17-02-2024 Heard learned counsel appearing on behalf of the petitioners and learned APP appearing on behalf of the State.

2. The accused/petitioners are named in the complaint and appending their arrest in connection with Complaint Case No.834 of 2022 in which cognizance has been taken for the offences punishable under Section 420 of the Indian Penal Code.

3. The allegation against the petitioner is to attest the documents, which is alleged as forged by the petitioner on the basis of which the transaction of disputed land was entered.

Patna High Court CR. MISC. No.6084 of 2024(2) dt.17-02-2024 2/2

4. It is submitted by learned counsel that the petitioner is not the beneficiary of the transaction rather he is an attesting witness of the documents. It is submitted that no overt act/involvement of petitioner appears from the narration of complaint, where petitioner is a man of clean antecedent.

5. The learned APP for the State opposes the prayer for bail of petitioner.

6. In view of aforesaid facts and circumstances and by taking note of fact as petitioner not appears to be beneficiary of the said transaction and maximum allegation appears against him to attest alleged forged document as witness, accordingly, the above-named petitioner is directed to be released on bail in the event of his arrest or surrender within a period of four weeks from today, on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate-1st Class, Nawada in connection with Complaint Case No. 834 of 2022, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Chandra Shekhar Jha, J.) Sanjeet/- U T