Rampukar Paswan And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.14519 of 2016 Arising Out of PS.Case No. -441 Year- 2015 Thana -LAHERIASARAI District- DARBHANGA ======================================================
1. Rampukar Paswan S/o Late Ganaur Paswan
2. Md. Rizwan @ Raja S/o Late Md. Reza, Both R/o Mohalla- Ekmi Ghat, P.S.- Bahadurpur, District- Darbhanga .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Shailesh Kumar, Advocate For the Opposite Party/s : Mr. Parmeshwar Mehta(APP) ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 28-04-2016 Heard learned counsel for the petitioners and learned A.P.P. for the State.
Petitioners apprehend their arrest in connection with Laheriasarai P.S. Case No. 441 of 2015 registered for offences punishable under Sections 406, 420, 467, 468 and 471 of the Indian Penal Code.
The prosecution case, in brief, is that informant purchased one katha land and in lieu thereof paid consideration money of Rs. 9,60,000/- to Md. Rizwan, who gave it to land owner, Md. Anas. Later, it was found that real name of Md. Anas is Md. Jiyaul Haque and is not the land owner and thereby he cheated the informant.
It has been submitted by the counsel for the petitioners
Patna High Court Cr.Misc. No.14519 of 2016 (2) dt.28-04-2016 2/3 that main allegation is upon one Md. Anas, who is alleged to be an imposter fabricating his identity and PAN card, but the petitioners have no hand in dealing the said land as consideration money was paid to one Md. Anas. It has further been submitted that these petitioners are external to the transaction and the First Information Report has been lodged after inordinate delay of about 11 months from the alleged date of occurrence and the petitioners have no connection with the transaction between the informant and one Md. Anas.
However, learned A.P.P. for the State submits that the petitioner no.2 has criminal antecedent and are named in the First Information Report and hence, opposes the prayer for bail. Be that as it may, let the petitioners, above named, in the event of their arrest or surrender before the Court below within a period of eight weeks from today, be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten thousand only) each with two sureties of like amount each to the satisfaction of learned Chief Judicial Magistrate, Darbhanga in connection with Laheriasarai P.S. Case No. 441 of 2015, subject to the conditions as laid down under Section 438 (2) of the Cr. P.C. However, it is made clear that a number of cases are pending against petitioner no.2, Md. Rizwan @ Raja, as such, if in
Patna High Court Cr.Misc. No.14519 of 2016 (2) dt.28-04-2016 3/3 future, he is found to have indulged in similar nature of offence, learned court below will be at liberty to cancel his bail bond without being prejudiced by this order.
(Nilu Agrawal, J.) Arjun/- U T