Patna High CourtCR. MISC./48270/2016bail granted

Md. Jafar Alam @ Jafar Alam v. The State Of Bihar

2016-12-21Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.48270 of 2016 Arising Out of PS.Case No. -319 Year- 2016 Thana -KHAGARIA District- KHAGARIA ====================================================== Md. Jafar Alam @ Jafar Alam son of Md. Mahmood Alam resident of Village- Bachhauta, P.S.- Khagaria, District- Khagaria. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Md. Anis Akhtar, Adv. For the Opposite Party/s : Mrs. Indu Kumari Srivastava, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 21-12-2016 Heard both sides.

The petitioner apprehends his arrest in Khagaria (Chitragupta Nagar) P.S. Case No. 319/2016, registered for the offences punishable under Sections 420, 467, 468, 471 and 34 of the Indian Penal Code.

The gist of allegation is that the petitioner sold the land of plot no. 493 and Khesra no. 2146 to different persons. The land was Gair Majarua Aam.

Learned counsel for the petitioner submits that the aforesaid land was settled by the ex-landlord in favour of the petitioner. Vide order passed in title suit no. 38-1987, aforesaid land fell in the share of the petitioner. Petitioner did not make any interpolation in the records of rights.

Patna High Court Cr.Misc. No.48270 of 2016 (3) dt.21-12-2016 2/2 Considering the facts aforesaid and the fact that the aforesaid land was settled in favour of the petitioner by exlandlord and the land fell in the share of petitioner vide order passed in title suit no. 38/1987, the petitioner above-named, in the event of his arrest or surrender before the 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) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Khagaria in connection with Khagaria (Chitragupta Nagar) P.S. Case No. 319/2016, subject to the conditions as laid down under Section 438(2) of the Cr. P.C.

(Prabhat Kumar Jha, J.) Vinita/- U T