Md. Naim Khan And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.54882 of 2016 Arising Out of PS.Case No. -218 Year- 2016 Thana -SIRDALA District- NAWADA ======================================================

1. Md. Naim Khan.

2. Bhuneshwar Yadav @ Muneshwar Yadav.

3. Parbhu Singh @ Pabhu Singh.

.... .... Petitioners

Versus

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

For the Petitioners : Mr. Sudhir Kumar Sinha, Advocate. For the Opposite Party : Mrs. Renu Kumari, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 22-12-2016 Heard learned counsels for the petitioners, informant and learned counsel for the State.

The petitioners are apprehending their arrest in connection with Sirdala (Meskaur) P.S. Case No. 218 of 2016 for the offences instituted under Sections 420, 120(B), 467 and 468/34 of the IPC.

The prosecution story, in brief, is that the ancestral property of the informant was executed through two sale deeds by petitioner no. 1 by standing another person. Both the two sale deeds were executed on the same day. In Plot No. 1457, Khata No. 432 has wrongly been mentioned in place of Khata No.332. The petitioner nos. 2 and 3 are the identifiers to the said sale deeds. It has been submitted on behalf of the petitioners that the

Patna High Court Cr.Misc. No.54882 of 2016 (2) dt.22-12-2016 2/2 petitioners have got no criminal antecedent. There is no allegation of tampering with the witnesses alleged against the petitioners. The matter relates to civil dispute. Petitioner no. 1 is the vendor and petitioner nos. 2 and 3 are the witnesses to the sale deeds. A title suit in respect to land in question was filed but the same was dismissed for non-prosecution.

On behalf of the learned counsels for the State and the informant, it has been submitted that the petitioners are named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioners above named, be released on bail in the event of their arrest or surrender before the learned court below within a period of six weeks from today in connection with Sirdala (Measkaur) P.S. Case No. 218 of 2016 on furnishing bail bond of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned A.C.J.M.-1, Nawada, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

U.K./- (Sudhir Singh, J) U T