Md. Nasim v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.31041 of 2025 Arising Out of PS. Case No.-119 Year-2024 Thana- FALKA District- Katihar ====================================================== Md. Nasim, S/o- Abdul Wahid @ Sk. Wahid R/o- Fuldobhi, P.S.- Falka, DisttKatihar ... ... Petitioner/s
Versus
1.
The State of Bihar 2.
Bibi Sayeeda @ Sanjida Khatoon W/o- Abdul Wahid @ Sk. Wahid R/oFuldobhi, P.S- Falka, Distt- Katihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Sanjeev Kumar Singh, Advocate For the State :
Mr. Upendra Kumar, APP For the O.P. No. 2 : Mr. Rajendra Prasad Sah, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA KUMAR ORAL ORDER 01-09-2025 I heard learned counsel for the petitioner-son and learned APP for the State as well as learned counsel for the informant-mother.
2. The petitioner seeks bail, apprehending his arrest, in connection with Falka P.S. Case No. 119 of 2024, dated 27.06.2024, registered for the offences punishable under Sections 120B, 420, 467, 468, 323, 504 read with Section 34 of the Indian Penal Code.
3. As per allegation, the accused-son was pressurizing the informant-mother to transfer her land in his name and on her refusal, he fraudelently prepared one panchanama and put
Patna High Court CR. MISC. No.31041 of 2025(4) dt.01-09-2025 2/3 thumb impression of the informant-mother on the same and get the land transferred in his name and even got mutated it in his name.
4. Learned counsel for the petitioner-son submits that the Petitioner is innocent and has falsely been implicated in this case. He further submits that the informant-mother has genuinely transferred the land in his name and only on investigation by his sisters, informant-mother has filed this false case and hence, the petitioner is apprehending his arrest in this case.
5. It is also stated in paragraph no. 2 of the bail petition that the petitioner has not moved this Court earlier either for anticipatory bail or regular one in the instant case.
6. It has further been stated in paragraph no.3 of the bail petition that the petitioner has no criminal antecedents.
7. However, learned APP for the State and learned counsel for the informant-mother vehemently oppose the prayer of the Petitioner for bail submitting that seeing the nature of the allegation, the petitioner-son should not get anticipatory bail, because fraudulently, he has got her land transferred in his name. He also submits that there is no question of doubting the prosecution case which has been filed by the mother of the
Patna High Court CR. MISC. No.31041 of 2025(4) dt.01-09-2025 3/3 petitioner. Hence, the petitioner does not deserve anticipatory bail.
8. Considering the aforesaid facts and circumstances, I am not persuaded to enlarge the petitioner on anticipatory bail.
9. Accordingly, the anticipatory bail petition of the petitioner is hereby rejected.
(Jitendra Kumar, J) shoaib/- U