Md. Tanweer Ahmad @ Tanweer Ahmad v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.23147 of 2024 Arising Out of PS. Case No.-691 Year-2023 Thana- ARARIA District- Araria ====================================================== Md. Tanweer Ahmad @ Tanweer Ahmad S/o Late Zafar Ahmad R/o vill - Kali Mandir Bazaar, ward no. 13, P.s. - Araria, Distt. - Araria ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Miss Supriya Rani, Advocate For the Opposite Party/s :
Mr. Brajendra Nath Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 02-04-2024 Heard learned counsel for the petitioner and learned APP for the State.
2.
The petitioner seeks bail in connection with Araria P.S. Case No. 691 of 2023 instituted for the offence under Sections 341, 467, 468, 504 & 506 of the Indian Penal Code. 3.
Prosecution case in short is that an agreement was made between the informant and petitioner to purchase 4 Decimal of land against which petitioner took three lakh forty thousand rupees from informant as earnest money, showing his ownership rights and interference and said that he will do the
Patna High Court CR. MISC. No.23147 of 2024(2) dt.02-04-2024 2/3 registration by 15.03.2022 and will take the remaining amount at the time of registration. It is alleged that petitioner concealed the fact that his brother has already got executed a will from him for the said 4 decimals of land.
4.
It has been submitted on behalf of the petitioner that the petitioner is in custody since 30-11-2023. Petitioner is stated to be man of clean antecedent.
5.
It has been further submitted by the petitioner's counsel that petitioner has been falsely implicated in the present case. It is submitted that petitioner is a drug addict due to which his brother get executed the will. It is also submitted that the dispute in any case is a civil dispute and the remedy seems to be suit for specific performance. It is lastly submitted that charge sheet has already been submitted in this case. 6.
Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner. 7.
Considering the aforesaid facts and circumstances of the case, period of custody of the petitioner, clean antecedent of the petitioner and charge sheet being submitted, this Court is inclined to grant bail to the petitioner.
8.
Let the petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with
Patna High Court CR. MISC. No.23147 of 2024(2) dt.02-04-2024 3/3 two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Araria P.S. Case No. 691 of 2023.
(Rudra Prakash Mishra, J) Raj Kishore/- U T