Abdul Khalik v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.50809 of 2025 Arising Out of PS. Case No.-194 Year-2024 Thana- KATIHAR COMPLAINT CASE District- Katihar ====================================================== 1.
Abdul Khalik S/o Late Dand Bishwas @ Late Daud Bishwas Resident of Village- Balughat, P.S.- Barari, District- Katihar 2.
Md. Shafique @ Md. Shafique Alam S/o Late Md. Islam Resident of Village- Balughat, P.S.- Barari, District- Katihar ... ... Petitioner/s
Versus
1.
The State of Bihar 2.
Anwar Sadat S/o Late Md. Hussain R/o Balughat, P.S.- Barari, Distt- Katihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Ajit Kumar Singh, Advocate For the State :
Mr.Ashok Kumar Singh, APP For the Complainant :
Mr. Sanjeev Kumar Singh, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 11-08-2025 Heard learned counsel for the petitioners, learned APP for the State and learned counsel for the complainant.
2. The petitioners who apprehend arrest in connection with Complaint Case No.194/2024 filed on 25.01.2024 wherein after process being issued cognizance has been taken under Section 420, 323 and 504 of the Indian Penal Code.
3. As per the prosecution, Opposite Party No. 2 has filed a complaint against five named accused persons, in which cognizance has been taken against all of them. It is alleged that, on the basis of a false Panchnama, the accused persons have got the complainant's land mutated in their names.
Patna High Court CR. MISC. No.50809 of 2025(2) dt.11-08-2025 2/3
4. Learned counsel for the petitioners submits that the petitioners are innocent and have committed no offence. It is alleged that the brother of the informant was responsible for the creation of the Panchnama, and the present petitioners are merely shown as witnesses to the said Panchnama. The brother of the informant has already been granted bail by this Court vide order dated 11.11.2024 passed in Criminal Miscellaneous No. 75650 of 2024. Learned counsel further submits that the effect of the alleged Panchnama has now ceased, as the mutation/jamabandi has already been created.
5. Learned APP for the State opposes the prayer for bail.
6. Learned counsel for the complainant vehemently opposes the prayer for bail, but concedes that the effect of the Panchnama has indeed come to an end.
7. Considering the aforesaid facts, particularly that the effect of the alleged Panchnama has ended and that the other coaccused has already been granted bail, let the above-named petitioners be released on bail, in the event of their arrest or surrender before the Trial Court within a period of four weeks from today, on furnishing bail bond of 30,000/- (Rupees Thirty ₹ Thousand only) each, as mentioned in Section 2(1)(d) of the
Patna High Court CR. MISC. No.50809 of 2025(2) dt.11-08-2025 3/3 Bharatiya Nagrik Suraksha Sanhita, 2023, to the satisfaction of the Additional Chief Judicial Magistrate, Katihar, in connection with Complaint Case No.194/2024, subject to the conditions as laid down under Section 482(2) of the Bharatiya Nagrik Suraksha Sanhita, 2023.
(Dr. Anshuman, J) Ashwini/- U T