Abdul Miyan @ Abul Miyan @ Abdul Hasan Ansari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.20031 of 2019 Arising Out of PS. Case No.-11 Year-2019 Thana- PALIGANJ District- Patna ====================================================== Abdul Miyan @ Abul Miyan @ Abdul Hasan Ansari, Son of Md. Suleman R/o village- Paliganj, P.O.- Paliganj, P.S.- Paliganj, District- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ravi Kant Kumar For the Opposite Party/s :

Mr. Mohammed Arif ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 02-04-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending arrest in a case registered for the offences punishable under Sections 467, 468, 471, 120B, 419, 420, 153A, 323, 341 and 504/34 of the Indian Penal Code. The prosecution case as per the complaint petition no.892C of 2018 filed by Suresh Kashyap got registered as Paliganj P.S. Case No.11 of 2019, after the complaint being transferred under Section 156(3) of Cr.P.C. is to the effect that one Sita Ram Das was made forged Mahant of Sri Ram Janki Thakur Bari Nayaas Samiti, Paliganj and executed a sale deed on the basis of forged

Patna High Court CR. MISC. No.20031 of 2019(2) dt.02-04-2019 2/3 letter bearing letter no.4633 dated 15.06.1998. It is further alleged that one Mosmat Sita Sunder Devi executed another sale deed in favour of Md. Bakhati Quraishi on 16.06.2015 with the help of the petitioner and other co-accused persons. On protest being made, the informant was being abused and assaulted. It is submitted by learned counsel for the petitioner that the informant Suresh Kashyap earlier lodged a case against the petitioner for the same transaction, being Paliganj P.S. Case No.282 of 2017 for the offences punishable under Sections 467, 468, 471, 120B, 419, 420, 153A, 323 and 341/34 of the IPC in which, he is on bail, thereafter, the present case has been registered against the petitioner and other co-accused persons. It is submitted by learned APP for the State the petitioner is named in the FIR.

Considering the fact that the accusation of executing the sale deed is not categorically against the petitioner and for the similar cause of action, petitioner has been earlier granted bail by a Co-ordinate Bench of this Court, let the petitioner above named be released on anticipatory bail in the event of arrest or surrender before the learned Court below within a period of 12 weeks from today, on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the

Patna High Court CR. MISC. No.20031 of 2019(2) dt.02-04-2019 3/3 satisfaction of the learned SDJM at Danapur, Patna, in connection with Paliganj P.S. Case No.11 of 2019 subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Dinesh Kumar Singh, J) Deepak/Rahul/- U