Patna High CourtCR. MISC./47156/2022bail granted

Md Ashfaque @ Ashfaque Alam v. The State Of Bihar

2022-12-08Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.47156 of 2022 Arising Out of PS. Case No.-430 Year-2019 Thana- FORBESGANJ District- Araria ====================================================== 1.

MD ASHFAQUE @ ASHFAQUE ALAM S/o Late Md. Hefazuddin Resident of Village- Rampur South, P.S.- Forbesganj, District- Araria. 2.

Md. Mustaque Ansari S/o Late Md. Hefazuddin Resident of VillageRampur South, P.S.- Forbesganj, District- Araria. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Anil Prasad Singh For the Opposite Party/s :

Mr.Tarun Prasad Mandal ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 08-12-2022 Heard learned counsel for the petitioners and the State.

Petitioners apprehend arrest in a case registered for the offence punishable under Sections 323, 420, 468, 471, 120(B)/34 of the IPC.

As per the prosecution case, all the accused persons including these petitioners, abused and assaulted by means of fists and slaps. It is further alleged that petitioner no.1 got registered the land in question in his favour after hatching conspiracy with employees of Registry Office and others. Learned counsel appearing for the petitioners submits that the petitioners are innocent and have falsely been

Patna High Court CR. MISC. No.47156 of 2022(2) dt.08-12-2022 2/2 implicated in this case. Petitioners are bonafide purchasers of the land in question and they are in peaceful possession of the same, but only with a view to put pressure and harass the petitioners, this false case has been lodged against these petitioners. Petitioners have got no criminal antecedent. Learned counsel appearing for the State opposes the prayer for bail.

Considering the facts of the case, in the event of arrest/surrender within six weeks from today, let the petitioners, above named, be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned CJM, Araria in connection with Forbesganj P.S. Case No. 430/2019 subject to the conditions laid down under section 438(2) of the Code of Criminal Procedure.

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