Md. Kamar Alam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.36324 of 2019 Arising Out of PS. Case No.-73 Year-2019 Thana- KASBA District- Purnia ====================================================== 1.

MD. KAMAR ALAM Son of late Majhar Hussain 2.

Md. Shafi Akhtar son of late Ibrahim Resident of Village - Majgama, P.S.- Kasba, Dist.- Purnia ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.N.K. Agrawal Mr. Amresh Kumar Sinha For the Opposite Party/s :

Mr.Tarun Prasad Mandal For the Informant :

Dr. Bidhu Ranjan ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 16-08-2019 Heard learned counsel for the parties.

At the very outset, submission of the learned counsel for the petitioners is that the prayer for bail of the petitioner no.2 (md. Shafi Akhtar) has already been permitted to dismissed as withdrawn vide order dated 5.8.2019.

Petitioner no.1 is apprehending his arrest in connection with Kasba P.S.Case No.73 of 2019 , registered for offences punishable under Sections 467, 468, 471, 419, 420 of the Indian Penal Code.

Allegation appears from the FIR lodged by the informant that on the basis of forged seal, petitioner executed the land of the informant in his favour and also another deed has been executed in favour of his wife .

Submission of the learned counsel for the petitioner is

Patna High Court CR. MISC. No.36324 of 2019(4) dt.16-08-2019 2/3 that so far deed of his wife is concerned, the payment has been made and thereafter the allegation has been lodged that the same has been executed by the forged seal and considering the same the wife of the petitioner has lodged a title suit bearing no.62 of 2019 before the Sub Judge-I, Purnea. So far this petitioner (Md. Kamar Alam) is concerned, it is his specific case that he has not purchased any land and he is not going to make claim over the land, which he has stated in para 13 of the petition.

Heard learned A.P.P. and the learned counsel for the informant. .

Having heard both sides and in view of the facts and circumstances, as stated above, let the petitioner (Md. Kamar Alam) surrender before the learned court below on 26.8.2019 and file an undertaking to this effect in the court below and on filing the undertaking, he will be released on on furnishing bail bond of Rs.25,000/- (Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned CJM, Purnea in connection with Kasba P.S.Case No.73 of 2019, subject to conditions as laid down under Section 438 (2) of the Code of Criminal Procedure.

Patna High Court CR. MISC. No.36324 of 2019(4) dt.16-08-2019 3/3 With the above direction, this application is disposed of.

(Vinod Kumar Sinha, J) chn/- U T