Md. Meraj Ansari @ Meraj Ansari v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.60930 of 2017 Arising Out of PS.Case No. -869 Year- 2016 Thana -NAWADAH COMPLAINT CASE DistrictNAWADA ====================================================== Md. Meraj Ansari @ Meraj Ansari, son of late Ahmad Hussain, Resident of village-Mahsaie, Tola Mobinpur, P.S. Rajauli, District-Nawada. .... .... Petitioner
Versus
1. The State of Bihar,
2. Md. Badruddin, son of late Ahmad Hussain, Resident of village-Mahusi, Tola, Mobipur, P.S. Razauli, District-Nawada. .... .... Opposite Parties ====================================================== Appearance :
For the Petitioner/s : Mr. Javed Aslam For the Opposite Party/s : Mr. Sanjay Kumar Tiwary 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 14-12-2017 Heard learned counsel for the petitioner and the learned A.P.P. for the State.
The petitioner apprehends his arrest in connection with Complaint Case No. 869 of 2016, registered under Sections 467 and 468 of the Indian Penal Code.
The accusation is that after death of Ahmad Hussain, father of the complainant, the property was not partitioned in between him and his five brothers, but his one brother Md. Meraj Ansari @ Meraj Ansari (petitioner) sold some land without partition to Md. Mashrur Alam, on the sale deed Shankar Prasad and Tanweer Khan put their signature as a witness. The petitioner also withdrew Rs. 63,702/- to the account of his father.
Patna High Court Cr.Misc. No.60930 of 2017 (2) dt.14-12-2017 2/2 Learned counsel for the petitioner submits that, in fact, the land which is sold to co-accused Md. Mashrur Alam was gifted by the father of the petitioner. Moreover, the dispute is of civil in nature. The petitioner has no criminal antecedent.
Having regard to the facts and circumstances of the case, let the above named petitioner, be released on bail, in the event of his 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) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Nawada in connection with Complaint Case No. 869 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