Ghulam Ghaus @ Ghulam Ghaus Ansari @ Gulam Gaus @ Gulam Gaus Ansari @ Md. Gulam Ghous v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.17647 of 2024 Arising Out of PS. Case No.-288 Year-2023 Thana- BIKRAMGANJ District- Rohtas ====================================================== Ghulam Ghaus @ Ghulam Ghaus Ansari @ Gulam Gaus @ Gulam Gaus Ansari @ Md. Gulam Ghous Son Of Late Habib Ansari R/O-Bikramganj, P.S.-Bikramganj, Distt.-Rohtas At Present R/O-504, Tawheed Complex, Ashiyana Digha Road, P.S.-Shashtrinagar, Distt.-Patna ... ... Petitioner/s
Versus
The State of Bihar BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Dhirendra Prasad Sinha, Adv.
For the Opposite Party/s :
Mr.Zainul Abedin, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 01-04-2024 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
2. The petitioner is apprehending his arrest in a case in connection with Bikramganj P.S. Case No. 288 of 2023 dated 03.06.2023 registered for the offences punishable u/ss 467, 468, 471, 420, 384 read with section 34 of the Indian Penal Code.
3. As per the prosecution case, the informant purchased a piece of land from the petitioner and thereafter, he went to construct the boundary on the aforesaid land then the co-accused, Salauddin Ansari stopped the work and told the informant that he had purchased the same land from the petitioner prior to the informant. It is further alleged that the
Patna High Court CR. MISC. No.17647 of 2024(2) dt.01-04-2024 2/3 petitioner neither provided the possession of the land nor gave reply to the legal notice sent by the informant. The petitioner told the informant that if he would pay him Rs. 2,00,000/- then he will provide the possession over the land.
4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. It is further submitted that the land was not sold by the petitioner and only agreement to sale was made between the petitioner and the father of the informant. Nothing on record to show that the said land was purchased by the co-accused, Salauddin Ansari from the petitioner. The petition of Bikramganj P.S. Case No. 626 of 2022 has been filed against the Salauddin and other by the petitioner. The instant case has been filed after 13 years from purchasing land. Learned counsel has further submitted that it is a case of civil dispute. The petitioner has no criminal antecedent as stated in para 3 of the bail petition.
5. Learned A.P.P. for the State has vehemently opposed the anticipatory bail petition of the petitioner.
6. Considering the aforesaid facts and circumstances of the case as well as the nature of allegation against the petitioner, let the above named petitioner, in the event of his
Patna High Court CR. MISC. No.17647 of 2024(2) dt.01-04-2024 3/3 arrest/surrender within a period of six weeks from today, be enlarged on bail on furnishing bail-bond of Rs. 20,000/- (Rupees twenty thousand) with two sureties of the like amount each to the satisfaction of the learned court concerned, Sasaram at Rohtas in connection with Bikramganj P.S. Case No. 288 of 2023, subject to conditions as laid down under section 438(2) of the Code of Criminal Procedure.
7. The application stands allowed.
(Chandra Prakash Singh, J) Gautam/- U T