Patna High CourtCR. MISC./14253/2023bail granted

Md Tabrej Uddin v. The State Of Bihar

2023-03-29Mr. Justice Purnendu Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.14253 of 2023 Arising Out of PS. Case No.-148 Year-2022 Thana- TARAPUR District- Munger ====================================================== Md. Tabrej Uddin S/o Halim Uddin, R/O Village- Gazipur, P.S- Tarapur, District- Munger ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Kumar Kamal Nayan, Advocate.

For the Opposite Party/s :

Mr.Vinod Shanker Modi, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 29-03-2023 Heard Mr. Kumar Kamal Nayan, learned counsel appearing on behalf of the petitioner and Mr. Vinod Shanker Modi, learned APP for the State.

2. The petitioner seeks pre-arrest bail in connection with Tarapur P.S. Case No. 148 of 2022 registered for the offence punishable under Sections 420, 467, 468 and 471/34 of the Indian Penal Code.

3. Allegation against the petitioner is that he was witness to two sale deeds duly executed by one Bibhanshu Kumar Choudhary in favour of the purchaser Faiyaz Alam.

4. Learned counsel appearing on behalf of the petitioner submitted that petitioner being not aware of any fraud having been committed by the purchaser Faiyaz Alam and without verifying the records has put his signature as a witness on behalf of the purchaser. Petitioner is a student and was

Patna High Court CR. MISC. No.14253 of 2023(2) dt.29-03-2023 2/2 unaware of such fraud. Petitioner has clean antecedent.

5. Learned APP for the State has vehemently opposed the prayer for grant of pre-arrest bail to the petitioner.

6. Having considered the rival submissions of the parties, the dispute primarily relates to cancellation of sale deeds. Informant is the original landlord and such forgery has been committed by one Bibhanshu Kumar Choudhary. The person aggrieved by the forgery has a remedy before the competent Civil Court. It appears to me that the petitioner has made out a case to be granted pre-arrest bail.

7. The petitioner is directed to be released on prearrest bail, in the event of his arrest or surrender before the Court below within a period of four 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 learned A.C.J.M.-IV, Munger in connection with Tarapur P.S. Case No. 148 of 2022, subject to the condition as laid down under Section 438(2) of the Cr.P.C.

(Purnendu Singh, J) mantreshwar/- U T