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Patna High CourtCR. MISC./45331/2024bail granted

Anarul @ Anwarul v. The State Of Bihar

2024-07-29Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.45331 of 2024 Arising Out of PS. Case No.-46 Year-2024 Thana- DAGARUA District- Purnia ====================================================== 1.

ANARUL @ ANWARUL SON OF NURUL ISLAM RESIDENT OF VILLEKAUHUWA, P.S.- DAGARUA, DISTRICT- PURNEA 2.

MD. SAMIR SON OF MD. KALIM RESIDENT OF VILL- EKAUHUWA, P.S.- DAGARUA, DISTRICT- PURNEA ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Md. Helal Ahmad , Advocate For the Opposite Party/s :

Mr. Md. Shakir Ahmad , APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 29-07-2024 Heard learned counsel for the petitioners and the State .

2. Petitioners apprehend their arrest in a case registered for the offence punishable under sections 467, 468 , 471 , 420, 406, 419, 120 (B0 and 34 of the Indian Penal Code .

3. Petitioners are alleged to have cheated informant and got the sale deed executed by informant fraudulently .

4. It is submitted on behalf of the petitioners that after receiving the entire consideration money from these petitioners informant executed the aforesaid sale deed in their favour. It is further submitted that a Title Suit No. 17 of 2024 is also pending before Court below . The dispute is with respect to sale and

Patna High Court CR. MISC. No.45331 of 2024(2) dt.29-07-2024 2/2 purchase of land between the parties. Even if the allegation are accepted to be true , these petitioners cannot be said to have committed any offence of cheating or criminal breach of trust.

5. Learned counsel for the State oppose the bail petition .

6 Considering the aforesaid facts and circumstances of the case, in the event of arrest or surrender within six weeks from today, let the petitioners, as named above, be enlarged on bail on furnishing bail bond of Rs.10,000/-(ten thousand) each with two sureties of the like amount each to the satisfaction of the learned ACJM- 1st Purnea in connection with Dagarua P.S. Case No. 46 of 2024 , subject to the conditions laid down under section 438(2) of the Code of Criminal Procedure . (Prabhat Kumar Singh, J) Koushik/- U T