Abdul Hannan @ Md Abdul Hannan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.15896 of 2020 Arising Out of PS. Case No.-789 Year-2017 Thana- COMPLAINT CASE DistrictKishanganj ====================================================== Abdul Hannan @ Md Abdul Hannan S/o Late Matiur Rahman R/o villageBahadurpur, P.S.- Thakurganj, District- Kishanganj ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Md. Mukhtar Alam S/o Late Bassiruddin R/o- Bahadurganj, P.S.- Thakurganj, District- Kishanganj ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Diwakar Sinha For the Opposite Party/s :

Mr.Mukeshwar Dayal ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 2.

13-07-2020 Heard learned counsel for the petitioner as well as learned A.P.P. for the State through video-conferencing. The petitioner apprehends his arrest in Complaint Case No. C-789 of 2017 punishable for the offence under Sections 323, 341, 420, 406, 467, 468, 120B of the Indian Penal Code.

The prosecution case, in brief, is that the complainant had purchased a land after paying Rs. 49,000/-, as consideration amount through petitioner, vide sale-deed no. 3106 dated 03-05-2017, but later on, it came to knowledge of complainant that petitioner has already sold the same land to his own sister, vide sale deed no. 3026 dated 29-04-2017.

Patna High Court CR. MISC. No.15896 of 2020(2) dt.13-07-2020 2/2 It is submitted on behalf of petitioner that petitioner is innocent and has committed no offence and he has falsely been implicated in this case. The entire allegation is false and concocted. It is case of civil nature. It is further submitted that complainant had accepted that he is in possession of said 6 dec. 111 square kari land, which was purchased from the petitioner and as such, this fact itself falsifies the whole prosecution story. The petitioner has no criminal antecedent.

Considering the aforesaid facts and circumstances, the anticipatory bail application of petitioner is allowed. In the event of arrest or surrender within a period of six weeks from today, let the above-named petitioner be enlarged on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Kishanganj in connection with Complaint Case No. C-789 of 2017, subject to condition as laid down under Section 438(2) of the Cr.P.C. (Prabhat Kumar Singh, J.) anay U T