Abdul Rashid @ Md. Abdul Rashid v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.23804 of 2023 Arising Out of PS. Case No.-592 Year-2022 Thana- KOTWALI District- Munger ====================================================== 1.

ABDUL RASHID @ MD. ABDUL RASHID SON OF LATE ABDUL AZIZ R/O GULZAR POKHAR, P.S.- KOTWALI, DISTRICT- MUNGER 2.

MD. YAKUB SON OF MD. ISHAK R/O GULZAR POKHAR, P.S.- KOTWALI, DISTRICT- MUNGER ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Nawal Kishore Singh, Advocate For the Opposite Party/s :

Mr. Ravindra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 17-07-2023 Heard learned counsel for the petitioners and learned A.P.P. for the State.

The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 323, 341, 379, 420, 467, 468, 471 and 34 of the Indian Penal Code. Learned counsel for the petitioners submits that the petitioners have antecedent of one case which was instituted by the present informant.

The informant alleges that he executed Power of Attorney in favour of the petitioners for selling his land, further they sold the land, but did not give the amount of sale, further on demanding the money, the informant was threatened and mutation of the land in favour of the purchaser was done based on the sale deed executed by the petitioners.

Patna High Court CR. MISC. No.23804 of 2023(2) dt.17-07-2023 2/2 Learned counsel for the petitioners submits that from bare perusal of the allegation as alleged in the FIR, it would manifest that the dispute is purely civil in nature and a criminal colour has been given, it is next submitted that if what has been alleged in the F.I.R. is true then the informant has remedies available in law.

Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioners.

Considering the submissions made by the learned counsel for the petitioners, the petitioners above-named, in the event of their arrest or surrender before the learned trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned trial court where the case is pending/successor court in connection with Kotwali P.S. Case No. 592 of 2022 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) Rishabh/- U T