Tausif Alam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.23369 of 2024 Arising Out of PS. Case No.-1393 Year-2023 Thana- WEST CHAMPARAN COMPLAINT District- West Champaran ====================================================== Tausif Alam Son of S.K. Rizwan Ahmad Resident of Village- Sabeya Dooraj, P.S. Ramnagar, District West Champaran.

... ... Petitioner/s

Versus

1.

The State of Bihar.

2.

Rizwan Ahmad Son of Lade Md. Shoaib Resident of Sabeya Devraj, P.S. - Ramnagar, District- West Champaran.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Syed Raza, Advocate For the Opposite Party/s :

Mr.Murli Dhar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 10-04-2024

1. Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State duly assisted by learned counsel for the complainant.

2. The accused/petitioner is named in the complaint and apprehending his arrest in connection with Complaint Case No.1393(C) of 2023 in which cognizance has been taken for the offences punishable under Sections 420, 406, 467, 468, 471, 387, 307, 452, 504, 506, 380/34 of the Indian Penal Code.

3. Allegation against the petitioner is to

Patna High Court CR. MISC. No.23369 of 2024(2) dt.10-04-2024 2/3 cheat the informant and others by creating forged and fabricated documents and, thus, by executing a sale deed in favour of his son-in-law, who is none else but son of the complainant.

4. It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated with present case. It is further submitted that complainant is the father of petitioner. It is further submitted that disputed piece of land i.e. Khata No. 109, Khesra No. 198, a total area 2 and 1⁄2 katha located village -sabeya Devraj, P.S. Ramnagar, belongs to Haibat Ali, who is the grandfather of the petitioner. It is further submitted that the dispute is purely civil in nature.

5. Learned APP opposes the prayer of anticipatory bail.

6. In view of aforesaid factual submissions and by taking note of fact, as the allegation is basically arises out of land dispute qua partition of ancestral property, where title suit is also pending between the

Patna High Court CR. MISC. No.23369 of 2024(2) dt.10-04-2024 3/3 parties, accordingly, above-named petitioner, in the event of his arrest or surrender in the court below within a period of four weeks, are directed to be released on bail on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, West Champaran, Bettiah in connection with Complaint Case No.1393(C) of 2023, subject to the conditions as laid down under Section 438(2) of the CrPC.

(Chandra Shekhar Jha, J) veena/- U T