Md. Bachcha @ Md. Bachcha Babu v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.33246 of 2023 Arising Out of PS. Case No.-38 Year-2022 Thana- SHEOHAR District- Sheohar ====================================================== MD. BACHCHA @ MD. BACHCHA BABU S/O MARHUM NOOR MOHAMMAD R/O Village- Nagar Panchayat, Sheohar Ward No. 7, P.S and Distt.- Sheohar.

... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Devendra Kumar For the Opposite Party/s :

Mr. Rabindra Kumar For the Informant :

Mr. Anuj Kumar Mr. Jawed Gaffar Khan ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 06-11-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State assisted by learned counsel for the informant.

2. The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 420, 467, 468, 471, 384/34 of the Indian Penal Code.

3. As per the prosecution case, allegation against the petitioner along with other accused is that they have not followed the terms of agreement regarding the sale of 3.5 decimal of land and also pressurized and threatened the informant to register 7.5 decimal of land instead of 3.5 decimal of land.

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

Patna High Court CR. MISC. No.33246 of 2023(4) dt.06-11-2023 2/2 case. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. He submits that the petitioner is only the witness of the said agreement. He further submits that there is no specific overt act against the petitioner, this fact is also not denied by learned counsel for the informant. Petitioner has no criminal antecedent as mentioned in para-3 of this application.

5. Learned APP for the State and learned counsel for the informant opposed prayer for anticipatory bail.

6. Considering the facts and circumstances of the case and the fact that there is no specific overt act against the petitioner, let the above named petitioner, be released on bail, in the event of his 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) with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending/successor Court in connection with Sheohar P.S. Case No. 38 of 2022, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. (Anjani Kumar Sharan, J) anand/- U T