Md. Naushad v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.32889 of 2020 Arising Out of PS. Case No.-78 Year-2020 Thana- JAGDISHPUR District- Bhagalpur ====================================================== MD. NAUSHAD Son of Late Fateh Hussain @ Fateh Alam Resident of Village - Karbala, Puraini, P.S. - Jagdishpur, District - Bhagalpur. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Nirbhay Prashant For the Opposite Party/s :
Mr. APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 15-03-2021 Heard both sides.
The petitioner apprehends his arrest in Jagdishpur P.S. case No. 78/2020 registered under Section 341, 323, 504, 506, 419, 420, 467, 468, 471,34 of the IPC.
The informant alleged that one Md. Naushad came to his land and started cutting trees. The informant forbade on such Md. Naushad disclosed that he purchased the land from Ismat Kamal but on perusal of the sale deed it would appear that on the sale deed photograph of vendor is affixed as Hazi Firoz and not Ismat Kamal. The petitioner is bonafide purchaser of the land. If the informant is aggrieved by the execution of sale deed by Hazi Firoz, the informant may file suit against Hazi Firoz and also file criminal case against him. Hazi Firoz has not been made accused in the case.
Patna High Court CR. MISC. No.32889 of 2020(2) dt.15-03-2021 2/2 Taking into consideration the facts aforesaid and the fact that petitioner is bonafide purchaser of the land, the petitioner, above named, in the event of his arrest/ surrender before the court below within a period of four weeks from the date of receipt/ production of a copy of this order is directed to be enlarged on bail on his furnishing bail bond of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Bhagalpur in connection with Jagdishpur P.S. case No. 78/2020, subject to conditions as laid down under Section 438(2) of the Code of Criminal Procedure.
(Prabhat Kumar Jha, J) BKS/- U T