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Patna High CourtCR. MISC./56337/2021bail granted

Abrar Ahmad v. The State Of Bihar

2022-07-06Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.56337 of 2021 Arising Out of PS. Case No.-39 Year-2015 Thana- SIWAN CITY District- Siwan ====================================================== ABRAR AHMAD Son of Mokhtar Ahmad Resident of Village - Mahual, P.s.- Husainganj, Distt.- Siwan.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Priyanka Singh For the Opposite Party/s :

Mr.Pramod Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 06-07-2022 Heard learned counsel for the petitioner and the State.

The petitioner apprehends arrest in a case registered for the offence punishable under section 384,466,467,468,471,120B of the Indian Penal Code. Prosecution case is that Mohidan Khatoon and Noor Nisha both of them executed sale deed in favour of one Shamim and co-accused Mohamd Sahjad Ali and Nesar Ahmad were witness of the sale deed and the petitioner is alleged to be associated with Nesar Ahmad who is a property dealer. Said sale deed is alleged to be forged sale deed as it bears wrong land owned by Mohidan Khatoon having connivance with the petitioner and other accused persons.

Learned counsel for the petitioner submits that the

Patna High Court CR. MISC. No.56337 of 2021(3) dt.06-07-2022 2/2 petitioner is innocent and has falsely been implicated in this case. Petitioner is neither the vendor nor the vendee or witness to the sale deed in question. More so, the dispute appears to be of civil nature for which remedy under the specific performance act is available. Petitioner has got no criminal antecedent. Considering the nature of allegation, prayer for bail of the petitioner is allowed. In the event of arrest/surrender within six weeks from today, let the petitioner mentioned above be enlarged on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Siwan in Siwan Town Police Station Case No. 39 of 2015, subject to the conditions laid down under section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Singh, J) shashi/- U T