Tajuddin Warsi And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.5520 of 2019 Arising Out of PS. Case No.-229 Year-2018 Thana- AURANGABAD TOWN DistrictAurangabad ======================================================

1. Tajuddin Warsi, aged about 45 years (Male)

2. Md. Reyazuddin, aged about 40 years (Male), both Sons of Late Ataullah, Resident of Mohalla-Nawadih Bigha Aurangabad, P.S.- and DistrictAurangabad ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Alka Singh For the Opposite Party/s :

Mr.Braj Kishore Pd.(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 01-02-2019 Heard learned counsels for the petitioners and the State.

The petitioners are languishing in custody since 28.11.2018 in a case registered for the offences punishable under Sections 420, 406, 467, 468, 471, 504, 506 and 120B of the IPC. The prosecution case, as per the written report of Md. Ajfar Numan, dated 09.08.2018 submitted to the Station House Officer, Aurangabad (T) Police Station, is to the effect that the informant's father had a commercial complex consisting four shops on the first floor and four shops on the second floor. On

Patna High Court Cr.Misc. No.5520 of 2019(2) dt.01-02-2019 2/3 27.08.2005, the petitioner, being the relative of the informant came and persuaded the father of the informant to enter into an agreement for a shop on rent on the first floor for three years. Subsequently, the petitioner asked him for a shop on the ground floor of the complex and assured him that whenever, he will ask to vacate the same, the petitioner will vacate, but subsequently, the petitioner started claiming the shop on the ground floor of the complex also on the basis of a forged agreement. It is submitted by learned counsel for the petitioners that for the civil nature of dispute, the informant is trying to get the same redressed through a criminal forum. A statement has been made in paragraph no.3 of the petition that the petitioners are not having any criminal antecedent.

Learned APP submits that there is specific accusation against the petitioner.

Considering the accusation arising out of civil nature of dispute, coupled with the statement made in paragraph no.3 of the petition that the petitioner is not having any criminal antecedent, let the above named petitioners be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of like amount each to the satisfaction of learned Chief Judicial Magistrate, Aurangabad in connection

Patna High Court Cr.Misc. No.5520 of 2019(2) dt.01-02-2019 3/3 with Aurangabad (Town) P.S. Case No. 229 of 2018. (Dinesh Kumar Singh, J) Amrendra/- U T