Md. Mansoor Alam And ORS v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.52640 of 2016 Arising Out of PS.Case No. -4002 Year- 2013 Thana -COMPLAINT CASE District- ARRARIA ======================================================
1. Md. Mansoor Alam, S/o Ghulam Rasool,
2. Md. Nayaz Ahmad @ Niyaz Ahmad, S/o Gulam Rasool,
3. Ghufran Alam @ Md. Ghufran Alam, S/o Shamsad Alam,
4. Md. Tauquer Alam @ Md. Tauqueer, S/o Shamsad Alam, All are resident of Village- Harpur P.S.- Bausi District- Araria. .... .... Petitioners
Versus
1. The State of Bihar.
2. Md. Idrish, S/o Late Sahadah, Resident of Village- Mohani, P.S.- Bausi, District- Araria.
.... .... Opposite Parties ====================================================== Appearance :
For the Petitioner/s : Mr. Anil Prasad Singh For the Opposite Party/s : Mr. Asharaf Ansari ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 16-12-2016 Heard learned counsel for the petitioners and the learned A.P.P. for the State.
The petitioners apprehend their arrest in connection with Compliant Case No. 4002 of 2013, registered under Sections 420 and 423of the Indian Penal Code.
The accusation is that complainant purchased 53 3⁄4 decimals of land to the petitioners on payment of consideration amount of Rs. 1,46,000/- of Khesra No. 691, Khata No. 145 of village Harpur and he came in possession over the said land on 24.06.2013, when he filed application before Circle Officer for mutation then he was informed that there is no land in Kesra No. 691 of Khata No. 145 for
Patna High Court Cr.Misc. No.52640 of 2016 (3) dt.16-12-2016 2/2 transfer of land. Thereafter, he made request to return money from the petitioner and in this regard, a panchayati was also convened in which petitioners assured to transfer other land to the complainant, but they did not take any heed in spite of several requests made by the complainant.
Learned counsel for the petitioners submits that it would appear from the complaint petition that after selling the land, the complainant was also put in possession of land, so no question arise that there is no land in the share of the petitioners in Khata No. 145 and complainant filed this case only to give pressure on the petitioner. Having regard to the facts and circumstances of the case, let the above named petitioners, be released on bail, in the event of their arrest or surrender before the learned Court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the A.C.J.M-IInd, Araria in connection with Complaint Case No. 4002 of 2013, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.
(Rajendra Kumar Mishra, J) manish/- U T