Md. Kashim @ Md. Kasim v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.42886 of 2022 Arising Out of PS. Case No.-243 Year-2021 Thana- NAANPUR District- Sitamarhi ====================================================== MD. KASHIM @ MD. KASIM Son of Late Abdul Gani Resident of villward no. 9, Bokhara, P.S- Nanpur, Dist- Sitamarhi ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

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

Mr.Shantanu Kumar, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 25-01-2023 Heard the learned counsel for the petitioner and the learned A.P.P. for the State. The petitioner seeks regular bail in connection with Nanpur P.S. Case No. 243 of 2021 for the offence registered under Sections 420, 467, 468, 471 and 120(B) of the Indian Penal Code. The case of the prosecution, in brief, according to the informant, is that the petitioner is alleged to have sold the land registered in the name of the deceased father of the informant, by a registered sale deed by creating forged documents.

The learned counsel for the petitioner has submitted that the petitioner is innocent, he has

Patna High Court CR. MISC. No.42886 of 2022(3) dt.25-01-2023 2/3 been falsely implicated in the present case, is having a clean antecedent and he is languishing in custody since 08.04.2022. It is further submitted that the dispute in question, at best, can be stated to be a civil dispute, for which the remedy lies before the competent Court of civil jurisdiction, hence, it is submitted that the petitioner be granted the privilege of bail.

Per contra, the learned counsel for the informant and the learned A.P.P. for the State have vehemently opposed the prayer of the petitioner for grant of bail and have submitted that the petitioner has created forged documents, hence, has committed the offence of cheating.

Having regard to the facts and circumstances of the case, considering the submissions made by the learned counsel for the petitioner and taking into account the materials available on record, this Court prima facie finds that the allegations levelled in the present case is in the nature of civil dispute, apart from the fact that the petitioner is having a clean

Patna High Court CR. MISC. No.42886 of 2022(3) dt.25-01-2023 3/3 antecedent and he is languishing in custody since 08.04.2022, hence, I deem it fit and proper to admit the petitioner to the privilege of bail. Accordingly, the petitioner, above named, is directed to be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned S.D.J.M., Pupri, Sitamarhi in connection with Nanpur P.S. Case No. 243 of 2021.

(Mohit Kumar Shah, J) S.Sb/Saurav U T