Md. Shaukat Ali @ Shaukat Ali v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.643 of 2017 Arising Out of PS.Case No. -398 Year- 2015 Thana -CIVIL LINE District- GAYA ====================================================== Md. Shaukat Ali @ Shaukat Ali Son of Hazi Mohammad Qamruddin resident of mohalla - Gewal Bigha, near Munni Masjid, P.S. - Civil Lines, District - Gaya.

.... .... Petitioner

Versus

The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Ashhar Mustafa For the Opposite Party/s : Mr. Anil Kumar Singh 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 11-01-2017 Heard learned counsel for the petitioner and learned counsel appearing on behalf of the State.

The petitioner is apprehending his arrest in connection with Civil Lines P.S. Case No. 398 of 2015 for the offences instituted under Sections 420, 406, 468, 471, 34 and 120B of the Indian Penal Code.

The allegation against the petitioner is that he along with other co-accused by personating Lalan Yadav as Secretary of Hankuk Budhist Society got a sale deed executed purportedly transferring a portion of Korea temple in their favour. It has been submitted on behalf of the petitioner that the petitioner has falsely been implicated in the present case. There is no allegation of tampering of witnesses alleged against the

Patna High Court Cr.Misc. No.643 of 2017 (2) dt.11-01-2017 2/2 petitioner. There was a 144 Cr.P.C. proceeding between the parties. The same has been decided in favour of the petitioner. The Mutation Appeal has also been decided in favour of the petitioner. The petitioner is a bonafide purchaser of the property in question. The matter relates to Civil dispute. A Title Suit is also pending between the parties.

On behalf of the State, it has been submitted that the petitioner is named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioner above named be released on anticipatory bail in the event of his arrest or surrender before the learned court below within a period of six weeks from today in connection with Civil Lines P.S. Case No. 398 of 2015 on furnishing bail bond of Rs. 10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M., Gaya, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J.) Amit/- U T