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Patna High CourtCR. MISC./47014/2016bail granted

Nayeem Shah And ORS v. State Of Bihar And ANR

2017-02-08Mr. Justice Rajendra Kumar Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.47014 of 2016 Arising Out of PS.Case No. -1098 Year- 2015 Thana -WEST CHAMPARAN COMPLAINT District- WESTCHAMPARAN(BETTIAH) ======================================================

1. Nayeem Shah, Son of Late Azim Shah,

2. Ayodhya Baitha, Son of Late Jagu Baitha,

3. Devendra Kumar Rajak, son of Madan Baitha,

4. Tazamul Shah, son of Azazil Shah, All Resident of village-Madhopur Bairiya, P.S. Gaunaha, District-West Champaran. .... .... Petitioners

Versus

1. The State of Bihar,

2. Ibrahim Mian @ Md. Ibrahim Ansari, Son of Haque Mohammad, Resident of village-Madhopur, Bairya, P.S. Gaunaha, District- West Champaran.

.... .... Opposite Parties ===================================================== Appearance :

For the Petitioner/s : Mr. Mohammed Abu Haidar For the Opposite Party/s : Mr. Ashlam Ansari ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 08-02-2017 Heard learned counsel for the petitioners and the learned A.P.P. for the State.

The petitioners apprehend their arrest in connection with Complaint Case No. 1098 © of 2015, registered under Sections 419, 467 and 471 of the Indian Penal Code.

The allegation of complainant is that accused-petitioner No.1 Nayeem Shah got executed the land in respect to his land putting to accused-petitioner No.4 at his place, accused/petitioners Devendra Kumar and Ayodhya Baitha also put their signature as witness in the sale deed.

Learned counsel for the petitioners submits that

Patna High Court Cr.Misc. No.47014 of 2016 (4) dt.08-02-2017 2/2 complainant has filed this case with false allegation. Moreover, the complainant has filed Title Suit No. 06 of 2016 against petitioner No.1 Nayeem Shah, who is said to be vendee. The petitioners have got no criminal antecedent.

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 Judicial Magistrate, 1st Class, Bettiah at West Champaran in connection with Complaint Case No. 1098© of 2015 (S.T. No. 2709 of 2016), subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

(Rajendra Kumar Mishra, J) manish/- U T