Md. Irshad Ahmad v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.57298 of 2024 Arising Out of PS. Case No.-312 Year-2023 Thana- GAYA MUFASIL District- Gaya ====================================================== Md. Irshad Ahmad SON OF MD. SHAHWAN R/O VILL- SALEMPUR PSMUFASSIL DIST-GAYA ... ... Petitioner/s
Versus
The State of Bihar BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Ujjwal Kumar, Adv.
for the informant : Mr. Amritanshu Dangi, Adv. Mr. Aditya Ranjan, Adv.
For the Opposite Party/s :
Mr.Mithlesh Kumar Khare, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 27-08-2024 Heard learned counsel for the petitioner and learned A.P.P for the State.
2. The petitioner has preferred this application for grant of regular bail in connection with Gaya Muffasil P.S. Case No. 312 of 2023 dated 13.03.2023 registered for the offences punishable u/ss 467, 468, 471, 420, 427, 385, 383, 387 read with Section 34 of the Indian Penal Code.
3. As per the prosecution case, the petitioner and the co-accused persons are alleged to have demolished the boundary wall of the informant's land which was purchased from Tetri Khatoon and her six sons in the name of his wife Usha Devi through the registered sale deed. They also demanded Rs. 10
Patna High Court CR. MISC. No.57298 of 2024(2) dt.27-08-2024 2/3 lakhs as rangdari. It is further alleged that Upendra Prasad (petitioner) and Kundan Kumar Singh sold the aforesaid land by making forged illegal deed with the help of Muslim Ansari, Fekni Khatoon, Irshad Ansari and Shaidu Khatoon in which the petitioner is the identifier of the sale deed.
4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case due to land dispute. It is further submitted that the petitioner is not the beneficiries of sell and purchase of the land rather he is only the identifier on the sale deed of Kundan Kumar Singh which has been executed by Fekani Khatoon and Saida Khatoon. It is further submitted that it is a case of civil nature. Learned counsel has further submitted that the petitioner has no concern with the alleged offence. The petitioner has one criminal antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 14.04.2024.
5. Learned A.P.P. for the State and learned counsel for the informant have vehemently opposed the bail petition of the petitioner.
6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond
Patna High Court CR. MISC. No.57298 of 2024(2) dt.27-08-2024 3/3 of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Gaya in connection with Gaya Mufassil P.S. Case No. 312 of 2023.
7. The application stands allowed.
(Chandra Prakash Singh, J) Gautam/- U T