Md. Ziya Ahmad @ Zeya Ahmad v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.57493 of 2023 Arising Out of PS. Case No.-252 Year-2022 Thana- MEHSI District- East Champaran ====================================================== Md. Ziya Ahmad @ Zeya Ahmad Son Of Md. Noor @ Noor Mohammad @ Noor Mohammad Ansari Resident Of Village - Minapur, P.S. - Hajipur Town, Distt. - Vaishali ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.
For the Opposite Party/s :
Mr.Jai Narain Thakur ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 19-07-2024 Heard the learned counsel for the petitioner as well as the learned Additional Public Prosecutor for the State.
2. The petitioner is apprehending his arrest in connection with Mehsi P.S. Case No. 252 of 2022, registered for the offences punishable under Sections 406 and 420 of the Indian Penal Code.
3. As per allegation, co-accused Sajda Khatoon had executed a sale deed in favour of informant's wife and sister-inlaw (Bhabhi). Co-accused Sajda Khatoon and other co-accused persons including the petitioner were knowing the fact the said land had already been sold out to someone else.
4. The learned counsel for the petitioner has submitted the petitioner is a person of clean antecedent. Petitioner is not
Patna High Court CR. MISC. No.57493 of 2023(5) dt.19-07-2024 2/3 witness of the sale deed nor he is beneficiary of the consideration amount nor he was present in the Panchayati nor has signed any document to return the same. Petitioner has no concern with the alleged occurrence. He further submitted that the case of the petitioner is on better footing than that of coaccused Md. Taufic @ Taufique @ Md. Taufikur Rahman who has been already granted bail by this Court vide order dated 11.08.2023 passed in Cr. Misc. No. 50265 of 2023.
5. On the other hand, the learned APP for the State has opposed the prayer of anticipatory bail.
6. Considering the above-mentioned facts and circumstances, the petitioner above-named, in the event of his arrest or surrender, within four weeks from today, is directed to be released on bail on furnishing bail bonds of Rs.10,000/- with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, East Champaran, Motihari in connection with Mehsi P.S. Case No. 252 of 2022, subject to condition as laid down under section 438(2) Cr. P.C.
7. The learned court below shall verify the criminal antecedent of the petitioner. His bail bond shall be cancelled, if it comes to the notice of the court below that he is involved in any other case of similar nature.
Patna High Court CR. MISC. No.57493 of 2023(5) dt.19-07-2024 3/3
8. The petitioner shall remain present physically on each and every date before the learned court below till framing of the charges.
(Nawneet Kumar Pandey, J) Arish/- U T