Md. Sahabuddin Khan @ Md. Sahabuddin Kha @ Md. Shahabuddin Khan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.8090 of 2025 Arising Out of PS. Case No.-32 Year-2024 Thana- BAHERA District- Darbhanga ====================================================== 1.

Md. Sahabuddin Khan @ Md. Sahabuddin Kha @ Md. Shahabuddin Khan S/O Late Rasid Ahmad Khan R/O Village- Ashapur, P.S- Bahera, Distt.- Darbhanga, Bihar.

2.

Md. Madani Khan @ Md Madani Kha @ Ataur Rahman Khan S/O Late Md. Safir Khan R/O Village- Ashapur, P.S- Bahera, Distt.- Darbhanga, Bihar. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shahbaj Alam For the Opposite Party/s :

Mr.Lalan Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 02-04-2025 Heard learned counsel for the petitioners and learned A.P.P. for the State.

2. The petitioners apprehend their arrest in a case registered for the offence under Sections 420 & 34 of the Indian Penal Code.

3. As per prosecution case, informant got a piece of land, bearing Khata no. 101(old) 51 (new), Khesra no. 1444(old) 2524(new) through sale-deed and was in peaceful possession of the same, but co-accused Md. Jafar Khan fraudulently executed sale-deed of the same land on 20.12.2023 in favour of petitioner no. 1, whereas, petitioner no. 2 was identifier of the said sale-deed.

Patna High Court CR. MISC. No.8090 of 2025(3) dt.02-04-2025 2/3

4. Learned counsel for the petitioners submits that petitioner no. 1 is bona-fide purchaser of the land in question and has purchased the said land after payment of full consideration amount and petitioner no. 2 is identifier of the said sale-deed. Moreover, the dispute is purely of civil nature. Learned counsel further submits that in this case, a title suit, vide Title Suit No. 05/1997, is pending in the court of SubJudge, Benipur, Darbhanga (Annexure P/2 series). Co-accused Md. Sahim @ Sahim Khan has already been granted anticipatory bail by a coordinate Bench of this Court, vide order dated 18.09.2024 passed in Cr.Misc. No. 60390 of 2024 (Annexure P/3).

5. Learned A.P.P. for the State has opposed the bail petition.

6. Considering the aforesaid facts and circumstances, let the above named petitioners, in the event of their arrest/surrender within a period of eight weeks from today, be enlarged on bail on furnishing bail-bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Addl. Chief Judicial Magistrate, Bahera, District - Darbhanga in connection with Bahera P.S. Case No. 32 of 2024, subject to condition as laid down under Section

Patna High Court CR. MISC. No.8090 of 2025(3) dt.02-04-2025 3/3 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Singh, J) anay U T