Md. Nasimuddin And ORS v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.39891 of 2016 Arising Out of PS.Case No. -2590 Year- 2015 Thana -PURNIA COMPLAINT CASE DistrictPURNIA ======================================================
1. Md. Nasimuddin S/o Late Amiruddin
2. Md. Hasimuddin @ Zullu S/o Late Amiruddin
3. Md. Zakir S/o Md. Hasimulla All resident of village- Majhwa, P.S.- Baisi, Distt- Purnea.
.... .... Petitioners
Versus
1. The State of Bihar.
2. Md. Tahir S/o Late Abdul Gaffur resident of village- Harintor, P.S.- Baisi, Distt- Purnea.
.... .... Opposite Parties ====================================================== Appearance :
For the Petitioners : Mr. Pramod Kumar Mallick, Advocate For the Opposite Parties : Mr. Sri Madhuranand Jha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 04-10-2016 Heard both sides.
The petitioners apprehend their arrest in C.case No.2590 of 2015 under Sections 418, 419, 420/34, 465, 466, 467, 471, 472 and 120B of the IPC.
The complainant alleged that he got information that the petitioners are hatching up conspiracy to get the lands of plot no.59 of khata no.11 muted in their names. They have filed mutation case before the Circle Officer, Baisi on the basis of a sale deed is said to have been executed in the year 1962. Learned counsel for the petitioners submits that the Khatiyan, Annexure-2 at page-20 shows that Khesara no.59,
Patna High Court Cr.Misc. No.39891 of 2016 (3) dt.04-10-2016 2/2 Khata no.11 area 78 decimals of land is in the possession of Sheikh Amiruddin. Sheikh Amiruddin is the father of petitioner nos.1 and 2 and grand father of petitioner no.3. Dispute is purely of civil nature. Petitioners have not committed any fraud. Considering the aforesaid facts, the above named petitioners, in the event of their arrest or surrender before the learned court below within a period of four weeks from the date of receipt/production of a copy of this order, is directed to be enlarged on bail on furnishing bail bond of Rs.10,000/-(ten thousand) each with two sureties of the like amount each to the satisfaction of Judicial Magistrate, Ist Class, Purnea in connection with C.Case No.2590 of 2015, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Prabhat Kumar Jha, J) B.Kr./- U T