Md. Abid Ali @ Abid Ali v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.31266 of 2024 Arising Out of PS. Case No.-124 Year-2023 Thana- DULHIN BAZAR District- Patna ====================================================== Md. Abid Ali @ Abid Ali Son of Fahim Ahmad (As per complaint petition age 23 years)Resident of village - Nabinagar, P.O.- Belhauri, P.S.- Dulhin Bazar, District - Patna ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Rudra Deo, Advocate For the Opposite Party/s :
Mr. Rajendra Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 21-05-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner apprehends his arrest in connection with Dulhin Bazar P.S. Case No. 124 of 2023 instituted under Sections 467, 468, 420, 406, 323, 504 and 120(B) of the Indian Penal Code.
3. As per the prosecution case, the complainant became ready to purchase the 6 katha, 10 dhur land of coaccused Ajit Kumar through the broker co-accused Sunny Kumar and accordingly paid the amount on 15.09.2021. The said co-accused Ajit Kumar executed the sale-deed only for 2 katha and did not executed the sale-deed for the rest land and also did not return the remaining money to the complainant. The
Patna High Court CR. MISC. No.31266 of 2024(2) dt.21-05-2024 2/3 allegation against the petitioner is that he had accompanied to the complainant and the broker at the time of visit at the house of the owner of the said land.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. The petitioner has no concern with any transaction between the complainant, broker or the landlord. The petitioner was not part to the agreement to sell. He was neither the witness of the execution of deed nor he had received any amount from the complainant. The petitioner has no criminal antecedent and he undertakes to co-operate in the investigation.
5. Learned A.P.P. for the State opposes the prayer for anticipatory bail.
6. Considering the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest or surrender before the Court below within six weeks from today, the petitioner be released on bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount to each to the satisfaction of the learned J.M., Danapur, Patna/Concerned Court Below in connection with Dulhin Bazar P.S. Case No. 124 of 2023, subject to the conditions laid down in Section 438(2) of the Code of Criminal
Patna High Court CR. MISC. No.31266 of 2024(2) dt.21-05-2024 3/3 Procedure, 1973.
(Sunil Dutta Mishra, J) ashishkr/- U T