Kalam Ansari v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.22434 of 2017 Arising Out of PS.Case No. -249 Year- 2016 Thana -WEST CHAMPARAN COMPLAINT DistrictWESTCHAMPARAN(BETTIAH) ======================================================

1. Kalam Ansari, son of Late Bulai Ansari, resident of Village- Sargaila, P.S.- Gopalpur, District- West Champaran.

.... .... Petitioner/s

Versus

1. The State of Bihar.

2. Maujedar Mian, son of Late Thag Mian, resident of Village- Sargalia, P.S.- Gopalpur, District- West Champaran.

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

For the Petitioner/s : Mr. Sanjeev Kumar Shrivastava For the Opposite Party/s : Mr. Sri Bharat Lal ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 16-05-2017 Heard learned counsel for the petitioner and learned counsel for the State.

Petitioner apprehends his arrest in connection with Complaint Case No. 249 (C) of 2016 registered for the offence under Sections- 420/120B/468/471 of the Indian Penal Code. Learned counsel for the petitioner submits that petitioner is Secretary to Madarsa Khairul Ulam Sargatia, Sikta. Although it was decided in the Aam Sabha to transfer 3 Kathas 18 Dhurs of land in the name of Madarsa, but petitioner did not execute any sale deed. It was Islam Ansari who executed the sale deed. Upon Enquiry, it was found that Madarsa and mosque were existing on the land measuring 4 Katha and 8

Patna High Court Cr.Misc. No.22434 of 2017 (2) dt.16-05-2017 2/2 Dhurs since 1965 in which Islam Ansari executed 3 Katha 18 Dhurs of land in favour of Madarsa and he also executed his own land. Petitioner is not at all beneficiary in the alleged occurrence. It is purely a civil dispute and no criminal case is made out against this petitioner. Petitioner has no criminal antecedent.

Considering the facts and circumstances of the case, the petitioner, above named, in the event of arrest or surrender within a period of four weeks from today, is directed to be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Additional Chief Judicial Magistrate, Bettiah, West Champaran in connection with Trial No. 2684 of 2016 subject to the conditions as laid down under section 438(2) of the Code of Criminal Procedure.

(Arvind Srivastava, J) Manish/- U