Md. Shoaib Ahmad @ Shoeb Ahmad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.49834 of 2024 Arising Out of PS. Case No.-679 Year-2018 Thana- COMPLAINT CASE District- Supaul ====================================================== Md. Shoaib Ahmad @ Shoeb Ahmad S/o Late Md. Sagiruddin R/o vill - Maharampur, P.S. - Jadiya, Distt. - Supaul ... ... Petitioner/s

Versus

1.

The State of Bihar Bihar 2.

Md. Islam S/o Late Md. Asir R/o vill - Phulkaha, P.S. - Jadiya, Distt. - Supaul ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Pratibha Srivastava For the Opposite Party/s :

Mr.Shailendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 28-08-2024

1. Heard the parties.

2. The petitioner apprehends his arrest in connection with Complaint Case No. 679C / 2018 dated 31.07.2018 registered under Sections 420 of the I.P.C.

3. As per the allegation made in the complaint the complainant purchased agricultural land from the petitioner in January, 2013 and when he arrived at the land, the co-accused / Md. Arshad stopped him from ploughing / tilling the land in question and told that petitioner's father Md. Sagiruddin had sold the land in favour of Md. Arshad much earlier. It has been

Patna High Court CR. MISC. No.49834 of 2024(2) dt.28-08-2024 2/3 alleged that the petitioner along with others have cheated a sum of Rs. 2,25,000/- from the complainant by selling the land in his favour which was already sold by the petitioner's father.

4. Learned counsel for the petitioner submits that petitioner has falsely been implicated in this case after five years of execution of the sale deed in favour of the complainant by the petitioner inasmuch as from the complaint it appears that the land was sold in the year 2013 but the complaint has been filed in the year 2018. Learned counsel submits that petitioner is not aware about the land having been sold by his father earlier and in the complaint there is no specific mention about the date of sale by the father of the petitioner in favour of Md. Arshad.

5. Regard being had to the submission made by the parties, taking into consideration the nature of allegation and the fact that complainant purchased the land in the year 2013 from the petitioner and has filed the complaint after five years, as such, I am inclined to grant anticipatory bail to the petitioner.

6. Let the petitioner, above named, be released on anticipatory bail in the event of arrest or surrender before the court below within a period of four weeks from today on furnishing bail bond of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of

Patna High Court CR. MISC. No.49834 of 2024(2) dt.28-08-2024 3/3 C.J.M., Supaul in connection with Complaint Case No. 679C / 2018 subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

(Anil Kumar Sinha, J) praful/- U T