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Patna High CourtCR. MISC./32146/2022allowed

Karim @ Karimuddin v. The State Of Bihar

2023-07-03Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.32146 of 2022 Arising Out of PS. Case No.-211 Year-2021 Thana- SIKTI District- Araria ====================================================== KARIM @ KARIMUDDIN S/o Late Atwari Resident of Village- Saidabad Toal, Gadhakat, P.S.- Sikty, District- Araria. ... ... Petitioner/s

Versus

1.

The State of Bihar.

2.

Md. Wasique S/o Late Jahiruddin Resident of Village- Saidabad, Tola, Gadahakat, P.s.- Sikty, District- Araria.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner :

Mr. Gopal Kumar Jha, Advocate For the State :

Mr. Nagendra Prasad, APP For O.P. No.2 :

Mr. Mukesh Kumar Rana, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 03-07-2023 Heard learned counsel for the parties.

The petitioner apprehends his arrest in connection with Sikty P.S. Case No.211 of 2021, registered for the offences punishable under Sections 420, 467, 468 and 471 of the Indian Penal Code.

The prosecution case, in brief, is that the informant gave written application to the S.H.O. alleging therein that 1 acre land was purchased by his father from one Aitbari and, accordingly, he is coming in right, title and possession over the land. It is further alleged that petitioner with a view to grab the said land created forged sale deed.

Learned counsel for the petitioner submits that petitioner is innocent and has falsely been implicated in the

Patna High Court CR. MISC. No.32146 of 2022(4) dt.03-07-2023 2/2 present case. It is submitted that petitioner has got no criminal antecedent as stated in paragraph-3 of the bail petition. It is further submitted that the petitioner is in peaceful possession of the said land and there is civil dispute between the parties. Learned APP for the State as well as learned counsel for the informant opposed the prayer for grant of anticipatory bail to the petitioner.

Considering the fact that dispute between the parties is civil in nature, let petitioner, above named, in the event of his arrest or surrender before the learned court below within a period of six weeks from today, be released on bail on furnishing bail bond of Rs.25,000/- (rupees twenty five thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, 1st Class, Araria in connection with Sikty P.S. Case No.211 of 2021, subject to the conditions laid down under Section 438(2) of the Code of Criminal Procedure.

(Anjani Kumar Sharan, J) S.KUMAR/- U T