Fayaz Ahmad Khan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.8127 of 2015 Arising Out of PS.Case No. -143 Year- 2014 Thana -JHANJHARPUR District- MADHUBANI ====================================================== Fayaz Ahmad Khan, S/o Abdul Manan Khan, R/O Singhdaha, P.S.- Jhanjharpur (Araria O.P.), Dist.- Madhubani .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Dayan Shanker Prasad, Advocate For the Opposite Party/s : Mr. A.K. Choudhary (APP) ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 20-05-2015 Heard learned counsel for the petitioner and the learned counsel for the State. Learned counsel for the informant is also present.

The petitioner is apprehending his arrest in connection with Jhanjharpur P.S. Case No.143 of 2014 for allegedly having committed the offences under Sections 419, 420, 467, 468, 471 and 120B/34 of the Indian Penal Code.

Learned counsel for the petitioner submits that the petitioner is merely a purchaser of the land belonging to a mosque, which was offered for sale to him and after payment of due consideration money, the land in question was transferred in his favour by means of a sale deed. Learned counsel for the petitioner further submits that there is no question of criminality involved in

Patna High Court Cr.Misc. No.8127 of 2015 (3) dt.20-05-2015 2/2 the present case as he had paid the due consideration money and had nothing to do with any clandestine deal of the mosque land. He is a bona fide purchaser after having purchased the same and after paying the due consideration money.

Considering the aforementioned submissions and also the fact that the petitioner has no criminal antecedents, let the above named petitioner, in the event of his arrest or surrender before the court below within a period of three weeks from the date of receipt/production of a copy of this order, be released on bail on furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate, Jhanjharpur (Madhubani), in connection with Jhanjharpur P.S. Case No.143 of 2014, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Anjana Mishra, J) PNM U T