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Patna High CourtCR. MISC./44541/2025bail granted

Muntazir Munna @ Md. Muntazir Munna v. The State Of Bihar

2025-09-16Mr. Justice Arun Kumar Jha3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.44541 of 2025 Arising Out of PS. Case No.-202 Year-2024 Thana- MORKAHI District- Khagaria ====================================================== Muntazir Munna @ Md. Muntazir Munna Son of Late Ziaul Haq Resident of village - Dakshin Marar, P.S.- Marar South, Ward No.- 11, P.S.- Morkahi, District - Khagaria.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Ram Sumiran Rai, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 16-09-2025 Heard learned counsel for the petitioner and learned APP for the State.

02. In the present case, the petitioner seeks bail in connection with Morkahi P.S. Case No. 202 of 2024 registered for the alleged offences under Sections 126(2), 115(2), 316(2), 318(4), 338, 336(3), 340(2), 352, 3(5) of Bharatiya Nyaya Sanhita, 2023.

03. As per prosecution case, the petitioner and coaccused persons, inducing the informant made her to execute sale-deed for a consideration amount of Rs. 38,36,000/-, for a piece of land belonging to the brother and the sister-in-law of the informant. Further allegation is that the accused persons earlier contacted the informant asking her to sell a piece of her

Patna High Court CR. MISC. No.44541 of 2025(3) dt.16-09-2025 2/3 land for consideration amount of Rs. 8,00,000/-, but got prepared fraudulent paper for the land of her brother and the sister-in-law and did not make any payment to the informant.

04. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. The informant herself has cheated the petitioner and others as she executed the sale deed for a land which was not her land rather it was the land of her brother and the sister-in-law. The brother of the informant has already lodged a case against the petitioner and also against the present informant as she sold the land of her brother. One Title Suit No. 02 of 2025 is also pending before the court of learned Civil Judge, Sr. Division, Khagaria in respect of disputed land. Learned counsel, thus, submits that no offences under Sections 126(2), 115(2), 316(2), 318(4), 338, 336(3), 340(2), 352 and 3(5) of BNS are made out against the petitioner who is in custody since 23.04.2025. The petitioner is having antecedent of three cases and in two such case, he has been acquitted and in third case, he is on bail. Charge-sheet has been submitted against the petitioner.

05. Learned APP for the State opposes the submission made on behalf of the petitioner.

06. Having regard to the facts and circumstances and

Patna High Court CR. MISC. No.44541 of 2025(3) dt.16-09-2025 3/3 submissions made on behalf of the parties and considering the nature of dispute and role of the informant and also considering the period of custody of the petitioner along with submission of charge-sheet, the petitioner above named is directed to be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-I, Khagaria/court concerned in connection with Morkahi P.S. Case No. 202 of 2024, subject to the conditions mentioned in Section 480(3) of BNSS and the following conditions:

(i) One of the bailors will be a close relative of the petitioner.

(ii) The petitioner will remain present on each and every date fixed by the court below.

(iii) In case of absence on three consecutive dates or in violation of the terms of the bail, the bail bond of the petitioner will be liable to be cancelled by the court concerned.

(Arun Kumar Jha, J) Ashish/- U T