Dilshad Alam v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.57147 of 2024 Arising Out of PS. Case No.-96 Year-2024 Thana- SASARAM NAGAR District- Rohtas ====================================================== 1.
Dilshad Alam Son Of Md. Kashim R/V- Sulemanganj Sarai Road, Sasaram, P.S.- Sasaram (NAGAR), Distt.- Rohatas 2.
Tabasun Parbin @ Tabasum Parbin Wife Of Dilshad Alam R/VSulemanganj Sarai Road, Sasaram, P.S.- Sasaram (NAGAR), Distt.- Rohatas ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Sameer Ranjan, Advocate For the Opposite Party/s :
Mr. Rajendra Nath Jha, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 11-09-2024 Heard learned counsel for the petitioners and the State.
2. Petitioners apprehend arrest in a case registered for the offences punishable under Sections 420, 467, 468/34 of the Indian Penal Code.
3. Prosecution case, in brief, is that on 25.8.22, a sale deed was executed vide sale deed No. 13683 and on verification and enquiry it was found that page incorporating details of the property in the said sale deed i.e. Thana No. 123, Halka No. 6, Khata No. 118, Khesra No. 1137, area 5 decimal, boundary North, vendor himself, South Sah Jaha Begum and Munaur Hussain, East Sakhichand and West proposed pathway; has been replaced with another page incorporating Khata No. 8 in place
Patna High Court CR. MISC. No.57147 of 2024(2) dt.11-09-2024 2/3 of 118, Khesra No. 137 in place of 1137.
4. Learned counsel for the petitioners submits that petitioners are bona fide purchasers of the land and they have purchased the same after giving consideration amount of Rs. 11,50,000/-. The aforesaid sale deed was executed by the vendor in favour of these petitioners in the registry office of Rohtas and all formalities have been done by the officials of registry. As such, there was no occasion for these petitioners to change or replace the pages of sale deed. Moreover, dispute involved in this case is regarding sale and purchase of land which is purely of civil nature and informant has got alternative remedy.
5. Learned A.P.P. for the State vehemently opposed the bail application.
6. Considering the backdrop of the case, this anticipatory bail is allowed and it is ordered that let the above named petitioners in the event of their arrest/surrender before the court below within a period of eight weeks from today, be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Rohtas at Sasaram in connection with Sasaram Town P. S. Case No. 96 of 2024, subject to condition as laid down under Section 438(2) of the
Patna High Court CR. MISC. No.57147 of 2024(2) dt.11-09-2024 3/3 Code of Criminal Procedure.
(Prabhat Kumar Singh, J) Navya/- U T