Ali Ahmad Ansari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.38673 of 2019 Arising Out of PS. Case No.-539 Year-2018 Thana- BAGHA District- West Champaran ====================================================== Ali Ahmad Ansari, aged about 65 years, Gender- Male, Son of Rajak Ansari @ Rajak Miyan, Resident of Village-Narwal-Barwal, Tola-Manjhariya, P.SBagaha(Pathkhauli), District-West Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Arvind Kumar, Adv.

For the Opposite Party/s :

Mr. Uday Chand Prasad, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 16-11-2019 Heard learned counsel for the petitioner and learned counsel appearing on behalf of the State.

The petitioner apprehends his arrest in connection with Bagaha (Pathkhauli) P.S. Case No. 539 of 2018 registered under sections 420, 467, 468/34 of the IPC.

The allegation against the petitioner is that the petitioner along with other accused persons sold land of the informant having a total area of 2 katha 8 dhurs by way of two separate sale-deeds in favour of 3rd person.

Learned counsel appearing for the petitioner submits that the petitioner has falsely been implicated in this case inasmuch as prior to the institution of the present case the petitioner had lodged Bagaha (Pathkhauli) P.S. Case No. 505/2018 against the informant stating therein that the informant sold land of the petitioner having an area of two katha ten dhurs

Patna High Court CR. MISC. No.38673 of 2019 (4) dt.16-11-2019 2/2 in the name of the 3rd party. Learned counsel further submits that both the co-sharers are having common ancestor and there is land dispute between the parties and the petitioner claims that the land in question is falling under the share of the petitioner. After having heard learned counsel for the parties and taking into consideration the fact that both the parties are cosharers and there appears to be case and counter case between them, I am inclined to grant anticipatory bail to the petitioner. Accordingly, the petitioner, above named, in the event of arrest or surrender before the learned Court below within a period of four weeks from today shall be released on anticipatory bail by the Court below upon furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned A.C.J.M. Bagaha, West Champaran in connection with Bagaha (Pathkhauli) P.S. Case No. 539 of 2018, subject to the condition as laid down under Section 438(2) of the Cr.P.C.

(Anil Kumar Sinha, J) Anjula/- U