Patna High CourtCR. MISC./39168/2014allowed

Amir Khan v. The State Of Bihar

2015-01-20Mr. Justice Ramesh Kumar Datta2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.39168 of 2014 Arising Out of PS.Case No. -64 Year- 2014 Thana -KOPA District- SARAN ====================================================== Amir Khan, son of Late Kalimullah Khan, resident of village - Natwar Semaria, Police Station - Revelganj, District - Saran at Chapra, State Bihar .... .... Petitioner

Versus

The State of Bihar .... .... Opposite Party ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH KUMAR DATTA ORAL ORDER 20-01-2015 Heard learned counsel for the petitioner and learned counsel for the informant. No one appears for the State. The petitioner seeks bail in a case under Sections 420, 423, 465, 468, 471, 120B and 467 of the Indian Penal Code. Learned counsel for the petitioner submits that the petitioner has been falsely implicated in this case due to land dispute between the family members as the petitioner is the first cousin of the informant's wife and the allegation is regarding his having executed a sale deed with respect to a piece of land which is claimed by the informant to have been decreed in favour of his wife as it belongs to her.

It is further submitted that the petitioner is in jail since 2.7.2014. While it is admitted that the petitioner is an accused in five P.S. cases but learned counsel submits that those are on account of political rivalry since the petitioner is a Mukhiya

Patna High Court Cr.Misc. No.39168 of 2014 (3) dt.20-01-2015 and in all the cases he has been released on bail. Learned counsel for the informant submits that the land in question has already been decreed in a civil suit in favour of the wife of the informant. It is, however, admitted that the decree was ex parte and the petitioner has filed a Miscellaneous Case under Order 9 Rule 13 CPC in the matter.

On a consideration of the facts and circumstances of the case, it is directed that the petitioner Amir Khan shall be released on bail on furnishing bail bond of Rs.15,000/- (Rupees fifteen thousand) with two sureties of the like amount each in Kopa P.S.Case No. 64 of 2014 to the satisfaction of Sri S.C.Shrivastava, Judicial Magistrate, 1st Class, Chapra.

(Ramesh Kumar Datta, J) spal/- U