Maqsood Ansari v. The State Of Bihar Through Economic Offence Unit, Bihar, Patna And ANR.

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.54189 of 2017 Arising Out of PS.Case No. -20 Year- 2012 Thana -ECONOMIC OFFENCES, BIHAR DistrictPATNA ====================================================== Maqsood Ansari, S/o Late Md. Safique Ansari, R/o Flat No. 302, Surya Samanura Enclave, A.G. Colony Road, Samanpura, P.O.- B.V. College, P.S.- Shastri Nagar, District- Patna.

.... .... Petitioner/s

Versus

1. The State of Bihar through Economic offence Unit, Bihar, Patna.

2. The Cabinet Vigilance, Bihar, Patna.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Shailesh Kumar, Advocate. For the Opposite Party/s : Mr. V.N.P Sinha(Eou)Unit ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 27-11-2017 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Economic Offence Unit P.S. Case No. 20 of 2012 registered under Sections 420, 465, 467, 468, 471 and 120B of the Indian Penal Code and Sections 8/12/13(1)(d) read with Section 13(2) of the P.C. Act, 1998. The accusation is that the land as detailed in the F.I.R. belonging to the Irrigation Department was mutated in 2002 in the name of Md. Jamaluddin Khan by the then Circle Officer on the basis of forged lease deed. Later on, in course

of investigation, it was detected that petitioner being the Circle Officer posted in between 2010 to 2012 also mutated the name of son and daughter of Md. Jamaluddin Khan due to his death without verifying the correct position through Khatiyan.

Learned counsel for the petitioner submits that, in fact, petitioner being the Circle Officer after obtaining the report from C.I. and Halka Karamchari about possession over the land in dispute, which is said to be belonging to the Irrigation Department, passed the order vide Mutation Case No. 801 to 2010-11 to mutate the name of son and daughter of Md. Jamaluddin Khan due to his death. In fact, petitioner has no knowledge to the effect that earlier the name of Md. Jamaluddin Khan was mutated on the basis of forged lease deed.

Having regard to the facts and circumstances of the case, let the above named petitioner be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Special Judge, Vigilance-I, Patna, in connection with

Economic Offence Unit P.S. Case No. 20 of 2012, subject to the condition as laid down under Section 438(2) of the Cr.P.C.

(Rajendra Kumar Mishra, J) Bhardwaj/- U T