Dr. Shamsul Hasan @ Shamsul Hasan @ Dr. Shamsul Hassan v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.14179 of 2018 Arising Out of PS.Case No. -170 Year- 2017 Thana -SHEKHPURA COMPLAINT CASE DistrictSEKHPURA ======================================================
1. Dr. Shamsul Hasan @ Shamsul Hasan @ Dr. Shamsul Hassan, son of Late Najmul Hasan @ Najmul Hasan Ansari, resident of Village- Ahiyapur, P.S.+ District- Sekhpura, currently resident of Pili Kothi, Bakarganj, Natraj Gali, P.S.- Pirbahor, District- Patna.
.... .... Petitioner/s
Versus
1. The State of Bihar.
2. Saiyad Mohammad Misbaul Hak, Son of Saiyad Mohammad Ajij Akhtar, resident of Village- Amhar, P.O.- Mankattha, P.S. & District- Lakhisarai. .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Sumeet Kumar Singh For the Opposite Party/s : Mr. Lalan Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 11-04-2018 The petitioner is apprehending his arrest in connection with Complaint Case No. 170(C) of 2017, registered for offences punishable under Sections 419, 420, 467, 468, 471 and 120(B) of the Indian Penal Code.
Allegation against the petitioner is fraudulently selling three decimals of land of the complainant and when the complainant came to know about the same he lodged the present complaint case.
It has been submitted on behalf of the petitioner that there is delay of more than six years in lodging the present complaint case and the land belongs to the petitioner as such he has executed
Patna High Court Cr.Misc. No.14179 of 2018 (2) dt.11-04-2018 2/3 the sale deed. Moreover, the case is of civil dispute. Further submission is that other co-accused of this case has already been given the privilege of anticipatory bail by a coordinate Bench of this Court vide order dated 06.07.2017 passed in Cr. Misc. No. 30277 of 2017.
Heard learned A.P.P. also.
Having heard both sides, in view of the above facts as well as in view of the fact that other co-accused has already been granted the privilege of anticipatory bail, let the petitioner above named, in the event of his arrest or surrender before the court below within a period of six weeks from the date of receipt/production of a copy of this order, be enlarged on bail on furnishing bond of Rs. 25,000 (Rs. Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned CJM, Sheikhpura, in connection with Complaint Case No. 170(C) of 2017, subject to the conditions as laid down under Section 438(2) of the Cr.P.C, it is further subject to the condition that:- (i) One of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the concerned Court.
(ii) The petitioner shall cooperate in the
Patna High Court Cr.Misc. No.14179 of 2018 (2) dt.11-04-2018 3/3 investigation and make himself available as and when required by the police and on the event of failure on his part to appear before the police on two consecutive dates without showing any genuine reasons, the prosecution is free to move for cancellation of his bail bonds.
(Vinod Kumar Sinha, J) sunil/- U T