Mohammad Sabbir Alam v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.14641 of 2024 Arising Out of PS. Case No.-466 Year-2023 Thana- DHAKA District- East Champaran ====================================================== MOHAMMAD SABBIR ALAM S/O MD. KHALIL R/O VILLAGEMOHABBATPUR, P.S- DHAKA, DISTT.- EAST CHAMPARAN. ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Krishna Kant Singh, Advocate For the Opposite Party/s :
Md. Aslam Ansari, APP For the Informant : Md. Waliur Rahman, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 14-03-2024
1. Heard learned counsel for the parties.
2. The petitioner has preferred this application for grant of regular bail in connection with Dhaka P.S. Case no.466 of 2023 registered under sections 420, 467, 468, 471 and 34 of the Indian Penal Code.
3. As per the prosecution case, the informant states that he purchased 12 dhurs of land from one Md. Husnain and he has complete title and also possession over the land in question. It is further submitted that the seven named accused persons created disturbance in his possession over the said land. The informant further states that accused Aslam said that he has purchased this land from one Antima Tiwari who has purchased it from the informant, however, the informant had not executed
Patna High Court CR. MISC. No.14641 of 2024(2) dt.14-03-2024 2/3 any such sale deed in favour of Antima Tiwari.
4. Learned counsel for the petitioner submits that the petitioner has been falsely implicated in the case. So far as the role of the petitioner in the instant case is concerned, it is only confined to the fact that in the purchase by accused Aslam from Antima Tiwari, the petitioner happens to be one of the identifiers/witnesses. The allegation, even on the face of it, appears to be of a civil dispute for which the petitioner is in custody since 16.12.2023 and has no criminal antecedent.
5. The application for bail is opposed by learned A.P.P. for the State and learned counsel for the informant. Learned counsel for the informant submits that not only the petitioner is named in the F.I.R. but there is direct allegation against him of having cheated the informant and others by creating and registering false sale deeds.
6. Having heard learned counsel for the parties and taking into consideration the nature of allegation in the F.I.R., the allegations with respect to the petitioner therein together with the petitioner having remained in custody since 16.12.2023, the Court directs the petitioner to be enlarged on bail in connection with Dhaka P.S. Case no.466 of 2023 on furnishing bail bond of Rs.10,000/ (Rupees Ten Thousand) with
Patna High Court CR. MISC. No.14641 of 2024(2) dt.14-03-2024 3/3 two sureties of the like amount each to the satisfaction of the learned S.D.J.M., Sikarhana at Dhaka, East Champaran. (Partha Sarthy, J) Saurabh/- U T