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Patna High CourtCR. MISC./10749/2019bail granted

Meraj Ahmad And ANR v. The State Of Bihar

2019-02-22Mr. Justice Chakradhari Sharan Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.10749 of 2019 Arising Out of PS. Case No.-482 Year-2015 Thana- BETTIAH CITY District- West Champaran ======================================================

1. Meraj Ahmad, son of Late Md. Jama Khan Resident of Mohalla- Naraipur, Sugar Factory Colony, P.s.- Bagaha, Distt.- West Champaran,

2. Mahboob Ahmad, Son of late Mohamad Ahmad Resident of Village - Diuliya, P.S.- Shikarpur, Distt.- West Champaran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjeev Kumar For the Opposite Party/s :

Mr.Ajay Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 22-02-2019 Heard learned counsel for the parties.

This application for anticipatory bail arises out of Bettiah Town P.S. Case No. 482 of 2015, disclosing offences under Sections 420, 467, 468, 471 and 34 of the Indian Penal Code.

The allegation against petitioner no.2 is that he had executed an agreement to sell in respect of a land, which belonged to the informant. Petitioner no.1 is said to be the witness to the said agreement itself.

Learned counsel for the petitioners has submitted that apparently this is purely a civil dispute. He has also submitted that petitioner no.2 and the informant are the first cousins and,

Patna High Court Cr.Misc. No.10749 of 2019(2) dt.22-02-2019 2/2 in respect of the land in question, a suit is pending. Considering the above submission, this application is allowed. Let the petitioners, above named, in the event of their arrest/surrender within six weeks from today in the court below, be released 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 the learned Chief Judicial Magistrate, Bettiah, West Champaran in Bettiah Town P.S. Case No. 482 of 2015, subject to the condition as laid down under Section 438 (2) of the Code of Criminal Procedure.

This is subject to the condition that the petitioners shall present themselves before the Police/Court, as the case may be, as and when required, and in the event of failure on their part to appear before the court on two consecutive occasions, their bail bonds shall be liable to be cancelled. (Chakradhari Sharan Singh, J) HR/- U T