Md. Unus v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.17462 of 2022 Arising Out of PS. Case No.-242 Year-2018 Thana- BHAGALPUR COMPLAINT CASE District- Bhagalpur ====================================================== 1.

MD. UNUS Son of Late Sheikh Panchu Resident of Village- Pakartalla, P.S.- Kahalgaon, District- Bhagalpur.

2.

Md. Firoz Son of Md. Unus Resident of Village- Pakartalla, P.S.- Kahalgaon, District- Bhagalpur.

3.

Md. Afroz Son of Md. Unus Resident of Village- Pakartalla, P.S.- Kahalgaon, District- Bhagalpur.

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Md. Obaidullah For the Opposite Party/s :

Mr.A.G.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 11-10-2022 Supplementary affidavit filed for making correction in the parentage of petitioner no. 2 and 3 as well as description of court concerned is taken on record.

Heard learned counsel for the petitioners and the State.

Petitioners apprehend their arrest in a case registered for the offence punishable under Sections 341, 323, 379 and 420 of the Indian Penal Code.

Prosecution's case in short is that accused persons by committing forgery executed sale deed in his favour and grabbed the consideration money of Rs. 5 lacs.

Patna High Court CR. MISC. No.17462 of 2022(3) dt.11-10-2022 2/2 Learned counsel appearing for the petitioners submits that the petitioners are innocent and have falsely been implicated in this case. The land in question is Khatiyani land recorded in the name of mother of petitioner no. 1. From perusal of the complaint it appears that the matter is of civil nature. It is further submitted that there is delay of four years in lodging of the FIR and there is no plausible explanation of delay. Petitioners have got no criminal antecedent.

Considering the nature of allegation against the petitioners, in the event of arrest/surrender within six weeks from today, let the petitioners, named above, be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the Additional Chief Judicial Magistrate II, Bhagalpur in Complaint Case No. 242 of 2018, subject to the conditions laid down under sections 438(2) of the Code of Criminal Procedure. (Prabhat Kumar Singh, J) asmit/- U T