Patna High CourtCR. MISC./40746/2023bail granted

Md. Jiyauddin v. The State Of Bihar

2023-08-03Mr. Justice Satyavrat Verma3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.40746 of 2023 Arising Out of PS. Case No.-188 Year-2022 Thana- KHAGARIA COMPALINT CASE District- Khagaria ====================================================== MD. JIYAUDDIN S/O LATE MD. HAMID RESIDENT OF VILLAGENAYA TOLA, HARIPUR, P.S. ALAULI, DISTT. KHAGARIA ... ... Petitioner/s

Versus

THE STATE OF BIHAR 2.

MD. RAHMAN UDDIN @ ABDUL RAHMAN S/O LATE MD. HAMID RESIDENT OF VILLAGE- NAYA TOLA, HARIPUR, PS. ALAULI, DIST. KHAGARIA ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ranjeet Kumar Singh, Advocate For the Opposite Party/s :

Mr. Umanath Mishra, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 03-08-2023

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 468 and 418 of the Indian Penal Code.

3. Learned counsel for the petitioner submits that the petitioner is a person with clean antecedent.

4. The informant alleges that he along with his brother purchased land as detailed in the complaint petition on 26.08.1996 from his cousin whose name, he does not recollect, it is next alleged that his brother (petitioner

Patna High Court CR. MISC. No.40746 of 2023(2) dt.03-08-2023 2/3 herein) sold the land to different purchasers.

5. Learned counsel for the petitioner submits that the petitioner has been falsely implicated in the present case, it is next submitted that petitioner and the complainant are own brothers and from perusal of the allegation as alleged in the complaint petition, it would manifest that the dispute is purely civil and in the event if the complainant is aggrieved by the act of the petitioner, in that event he has remedies available in law in getting the sale deed executed by his brother cancelled by a Court of competent jurisdiction.

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

7. Considering the submissions made by the learned counsel for the petitioner, the petitioner abovenamed, 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

Patna High Court CR. MISC. No.40746 of 2023(2) dt.03-08-2023 3/3 connection with Complaint Case No. 188C of 2022 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) Rishabh/- U T