Babujan Ansari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.26549 of 2020 Arising Out of PS. Case No.-134 Year-2014 Thana- GOVINDGANJ District- East Champaran ====================================================== BABUJAN ANSARI S/o Habibullah Mian Resident of Village-Siswa Kanhi Tola, Police Station-Paharpur, District-East Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjay Kumar No 7 For the Opposite Party/s :

Mr. Zainul Abadin ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 13-10-2020 Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State, through video conferencing.

The petitioner seeks regular bail in connection with Govindganj Police Station Case No. 134 of 2014, registered for the offences punishable under Sections 419/420/467/468/471/ 120-B of the Indian Penal Code.

The prosecution case, in brief, is that one Rahmat Ansari had purchased a piece of land from the father of the informant by impersonation inasmuch as the father of the informant was not alive at the time of registration of the sale deed and the petitioner is one of the witnesses to the said sale deed.

Patna High Court CR. MISC. No.26549 of 2020(2) dt.13-10-2020 2/3 Learned Counsel for the petitioner submits that the petitioner has not committed any offence in the manner alleged and from perusal of the allegation levelled in the complaint -cum- First Information Report, it would be evident that the petitioner is one of the witnesses to the sale deed in question. He further submits that Rahmat Ansari, the purchaser, has been granted bail by a co-ordinate Bench of this Court, vide order, dated 04.09.2018, passed in Criminal Misc. No. 54475 of 2018. He next submits that the petitioner is in custody since 15.10.2019.

Having heard learned Counsel for the parties and taking into consideration the materials on record and the fact that the petitioner is only a witness to the sale deed and he is in custody since 15.10.2019, I am inclined to grant regular bail to the petitioner.

This application is allowed.

Accordingly, let the petitioner, above named, be released on bail, upon furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, East Champaran, at Motihari, in connection with Govindganj Police Station Case No. 134 of 2014.

Patna High Court CR. MISC. No.26549 of 2020(2) dt.13-10-2020 3/3 It is made clear that at the time of furnishing bail bonds, all the parties shall follow the guidelines regarding social distancing.

(Anil Kumar Sinha, J.) Prabhakar Anand/- U √ T √