Saiyad Shah Falihuddin Ahmed v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.48887 of 2022 Arising Out of PS. Case No.-1443 Year-2018 Thana- SASARAM NAGAR District- Rohtas ====================================================== 1.

SAIYAD SHAH FALIHUDDIN AHMED Son of Late S.S. Waziuddin Resident of Mohalla - Qabirganj, P.O. and P.S.- Sasaram (Town), District - Rohtas (Bihar).

2.

Saiyad Shah Naquiuddin Ahmed @ Naquiuddin Ahmed Son of S.S. Saliuddin Ahmed Resident of Mohalla - Qabirganj, P.O. and P.S.- Sasaram (Town), District - Rohtas (Bihar).

3.

Shah Ansaruddin Ahmed @ Saiyad Shah Ansaruddin Ahmed Son of Late S.S. Taqiuddin Ahmed Resident of Mohalla - Qabirganj, P.O. and P.S.- Sasaram (Town), District - Rohtas (Bihar).

4.

Faisal Asarar Son of S.S. Ansaruddin Ahmed Resident of Mohalla - Qabirganj, P.O. and P.S.- Sasaram (Town), District - Rohtas (Bihar). ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Shankar Kumar For the State :

Mrs. Anita Kumari For the OP No.2 : Mr. Helal Ahmad ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 20-07-2023 Heard learned counsel for the petitioners and the State.

2. Petitioners apprehend their arrest in a case registered for the offence punishable under Section 467, 468, 420, 120(B) of the Indian Penal Code.

3. As per the prosecution case, these petitioners along with other accused persons by committing forgery sold the property of Waqf Board causing huge loss to the Waqf Board.

4. Learned counsel appearing for the petitioners

Patna High Court CR. MISC. No.48887 of 2022(9) dt.20-07-2023 2/3 submits that petitioners are innocent and have falsely been implicated in the case. It is further submitted that land in question belongs to the petitioners or their ancestors which is evident from Municipal Khatiyan (Annexure-2). Petitioners have executed sale deed as per their share in the Khatian and on the basis of sale deed executed by the petitioners the purchasers got their names mutated and rent receipts have also been issued. It is purely a case of civil dispute.

5. Learned counsel appearing for the O.P. No.2 opposes the prayer for anticipatory bail and submits that petitioners are named in the FIR and there is specific allegation against them that they by committing forgery sold the land of Waqf Board. Petitioners have got criminal antecedent. In reply, learned counsel for the petitioners submits that petitioners have clean antecedent and till today no case is pending against him.

6. Considering the facts of the case and nature of accusation against the petitioners, let the petitioners, above named, in the event of their arrest/ surrender within a period of six weeks from today shall be enlarged on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate,

Patna High Court CR. MISC. No.48887 of 2022(9) dt.20-07-2023 3/3 Rohtas at Sasaram in connection with Sasaram Town PS case No. 1443/ 2018, subject to conditions laid down u/s 438(2) of the Cr. P. C.

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