Haidar Imam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.18938 of 2023 Arising Out of PS. Case No.-1426 Year-2022 Thana- PHULWARISHARIF District- Patna ====================================================== 1.

Haidar Imam S/O Md. Salamuddin Resident Of New Azimabad Colony, Dargah Road, P.S- Sultanganj, Distt.- Patna.

2.

Mahffoj Alam S/O Mokhdum Alam R/O Village And Post- Maulandih, P.SChhabilapur Rajgir, Distt.- Nalanda. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Bijay Kumar Pathak For the Opposite Party/s :

Mr. Vinod Shanker Modi ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 26-06-2023 Heard learned counsel for the petitioners and learned A.P.P. for the State assisted by learned counsel for the informant. The petitioners apprehend their arrest in Phulwarisharif P.S. Case No. 1426 of 2022 registered for the offences punishable under Sections 406, 420, 467, 468 of the Indian Penal Code pending in the Court of learned A.C.J.M., XIV, Patna. As per the prosecution case, allegations against the petitioners is that they have purchased a piece of land which was executed by forging signature of grandmother of the informant. Learned counsel for the petitioners submits that the petitioners are innocent and has falsely been implicated in this case. The allegation levelled against the petitioners are not specific rather general and omnibus in nature. He submits that the petitioners have purchased the land in question though

Patna High Court CR. MISC. No.18938 of 2023(3) dt.26-06-2023 2/2 registered sale deed executed by the vendors namely Janak Dulari Devi and Ashok Kumar Sharma. The petitioner has got no criminal antecedent as mentioned in para-3 of the bail application. Learned APP for the State as well as learned counsel for the informant opposed the prayer for anticipatory bail and submitted that the petitioners know the fact that the said land does not belong to the seller and they purchased the said land. Considering the facts and circumstances of case and the nature of the offence, I am not inclined to enlarge the petitioners on anticipatory bail. The prayer for anticipatory bail of the petitioners is hereby rejected.

However, if the petitioners surrender before the learned Court below within six weeks from today and seek regular bail, the learned Court below would pass order on the same day in accordance with law without being prejudiced by this order. (Anjani Kumar Sharan, J) anand/- U T