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Patna High CourtCR. MISC./32626/2023allowed

Laddan @ Jakir Hussain v. The State Of Bihar

2023-07-28Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.32626 of 2023 Arising Out of PS. Case No.-283 Year-2020 Thana- SHEKHPURA COMPLAINT CASE District- Sheikhpura ====================================================== 1.

Laddan @ Jakir Hussain Son Of Late Main Uddin Village- Babhanbigha PsBarbigha Dist- Sheikhpura 2.

Md. Shamser Son Of Late Main Uddin Village- Babhanbigha Ps- Barbigha Dist- Sheikhpura 3.

Rashida Khatun Wife Of Main Uddin Village- Babhanbigha Ps- Barbigha Dist- Sheikhpura ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Ahsan Ali @ Papu son of Late Naseer Uddin Village- Babhanbigha Ps- POBarbigha Dist- Sheikhpura ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Bipin Kumar, Adv For the State :

Mr. Sanjay Kumar Tiwary, APP For the Complainant :

Mr. Shive Kumar, Adv Mr. Rajesh Kumar Chaubey, Adv ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 28-07-2023 Heard learned counsel for the petitioners and learned A.P.P. for the State.

2. The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 419, 420/34 of the Indian Penal Code.

3. As per the prosecution case, it is alleged that all the petitioners prepared a forged documents and sold the complainant's share of land.

4. Learned counsel for the petitioners submits that petitioners are innocent and have been falsely implicated in this case. The allegation levelled against the petitioners is not specific

Patna High Court CR. MISC. No.32626 of 2023(3) dt.28-07-2023 2/2 rather general and omnibus in nature. He submits that the land mentioned in the complaint petition belongs to the ancestral property of the petitioners. He further submits that the complainant has not mentioned the Mauza, Thana No. and boundary of the sold land in the complaint petition. Petitioners have no criminal antecedent as mentioned in para-3 of this application.

5. Learned APP for the State opposes prayer for anticipatory bail.

6. Having regard to the facts and circumstances of the case and the fact that there is civil nature dispute between the parties, let the above named petitioners, be released on bail, in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of the learned lower Court where the case is pending/successor Court in connection with Complaint Case No.283(C) of 2020, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

(Anjani Kumar Sharan, J) anand/- U T