Md Sarfaraz @ Md Sarfaroz v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.39321 of 2024 Arising Out of PS. Case No.-593 Year-2021 Thana- KOILWAR District- Bhojpur ====================================================== Md Sarfaraz @ Md Sarfaroz S/O Md Sohail Resident of Pathan Toli, ward no. 07, P.S.-Koilwar, District-Bhojpur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Md Fazle Karim For the Opposite Party/s :

Mr .Pawan Kumar Chaurasia ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 31-08-2024

1. Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 420, 406, 120(B) and 34 of the Indian Penal Code read with Section 52(A) of Waqf Act, 1995.

3. Learned counsel for the petitioner submits that petitioner is a person with clean antecedent and the allegation against him is of conniving in selling the land of the Waqf Board.

4. Learned counsel for the petitioner submits that petitioner has been falsely implicated in the instant case. It is next submitted that petitioner is neither the vendor nor the witness on the sale deed. It is further submitted that the dispute is purely civil to which a criminal colour has been given and in the event if the informant is aggrieved by the execution of the

Patna High Court CR. MISC. No.39321 of 2024(2) dt.31-08-2024 2/2 sale deed executed in favour of the purchaser, then he has remedies available in law of getting the sale deed cancelled before a Court of competent civil jurisdiction.

5. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.

6. Considering the submissions made by the learned counsel for the petitioner, the petitioner above-named, in the event of his arrest or surrender before the learned trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned trial court where the case is pending/successor court in connection with Koilwar P.S. Case No. 593 of 2021 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

7. Accordingly, the instant anticipatory bail application stands allowed.

(Satyavrat Verma, J) Rishabh/- U T