Md. Dastgir v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.11562 of 2023 Arising Out of PS. Case No.-71 Year-2022 Thana- CHANDAUTI District- Gaya ====================================================== MD. DASTGIR Son of Md. Abdul Razzaque Resident of Mohalla - Faiz Colony, Katari, P.S.- Chandauti, District - Gaya. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. S. Jamil Akhtar For the Opposite Party/s :

Mr. Dinesh Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 22-06-2023 Heard the parties.

The petitioner apprehends his arrest in a case registered for the offence punishable under Sections 467, 468, 471, 420, 406/34 of the Indian Penal Code.

As per the prosecution case, the informant alleged that he purchased a land in the name of his wife from the petitioner. It is said that the petitioner had taken the same land from Jum Kumar Ravidas, Rajesh Ravidas, Dukhan Ravidas, by vide power of attorney, which is registered in the name of Khatian Dhari who has sold the land twice and the informant is being ousted. It is submitted by learned counsel for the petitioner that petitioner is quite innocent and have committed no offence. He has been falsely implicated in this case. No such occurrence, in the manner as alleged, has ever taken place. The allegation levelled against the petitioner is not specific rather general and

Patna High Court CR. MISC. No.11562 of 2023(3) dt.22-06-2023 2/2 omnibus in nature. He submits that the said land was sold in the year 2012 and rent receipt was issue in the name of informant's wife and after eleven years the present case has been filed against the petitioner. Petitioner has no criminal antecedent. Learned APP for the State opposed the prayer for anticipatory bail.

Having regard to the facts and circumstances of the case as well as considering the fact that there is a delay in filing of present FIR, let the above named petitioner, be released on bail, in the event of his/her arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/Successor Court in connection with Chandauli P.S. Case No.71 of 2022, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Anjani Kumar Sharan, J) shikha/- U T