Patna High CourtCR. MISC./49624/2023bail granted

Noor Mohammad v. The State Of Bihar

2023-08-11Mr. Justice Nawneet Kumar Pandey2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.49624 of 2023 Arising Out of PS. Case No.-701 Year-2022 Thana- SARAIYA District- Muzaffarpur ====================================================== NOOR MOHAMMAD SON OF LATE SHEIKH KHAIRATI R/ORATWARA CHANDAN, P.S.-SARAIYA, DISTT.-MUZAFFARPUR ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Pramod Rajpati For the Opposite Party/s :

Mr. Murli Dhar ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 11-08-2023 Heard learned counsel for the petitioner as well as learned APP for the State.

2. The petitioner apprehends his arrest in connection with Saraiya P.S. Case No. 701 of 2022, registered for the offences punishable under Sections 419, 420, 423, 465, 467, 468, 471, 474 of the Indian Penal Code.

3. As per allegation, two accused person namely Sheikh Mohammad and Najibur Rahman armed with weapon reached to encroach the land of the complainant. It is a case of land dispute.

4. Learned counsel for the petitioner has submitted that the petitioner is a person of clean antecedent. The only allegation against him is that he was an attesting witness of the

Patna High Court CR. MISC. No.49624 of 2023(2) dt.11-08-2023 2/2 deed executing 37 years before lodging of the FIR. He was only identifier of the deed.

5. Considering the above-mentioned facts and circumstances clean antecedent of the petitioner, let the petitioner, in the event of his arrest or surrender within four weeks before the learned court below, be released on anticipatory bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate 4th, Muzaffarpur (West) in connection with Saraiya P.S. Case No. 701 of 2022, subject to the conditions as laid down under Section 438(2) Cr.P.C.

(Nawneet Kumar Pandey, J) Sudha/- U T