Meraj Ahmad v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.57292 of 2024 Arising Out of PS. Case No.-1913 Year-2023 Thana- EAST CHAMPARAN COMPLAINT District- East Champaran ====================================================== Meraj Ahmad Son of Late Md. Shamim R/O Vill.- Jaisinghpur Tola- Khirwa, P.S.- Turkauliya, Dist.- East Champaran. ... ... Petitioner.
Versus
1.
The State of Bihar 2.
Mustaque Ansari Son of Kalimulla Ansari R/O Vill.- Madhopur, P.s.- Chiraiya, Dist.- East Champaran. Presently Resides in Muhalla- Mathiya Zirat, P.s.- Chhatauni, Dist.- East Champaran. ... ... Opposite Parties.
====================================================== Appearance :
For the Petitioner/s :
Mr. Shrinath Manjhi, Advocate For the Opposite Party/s :
Mr. Aditya Narayan Singh-1, APP For the O.P. No.2 : Mr. Pravin Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 11-09-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State assisted by learned counsel for the opposite party no.2.
2. The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 420, 406 and 120B of the Indian Penal Code.
3. The complainant/opposite party no.2 is said to have paid huge amount of money to co-accused Noor Islam, who is a land broker, to get register the land in his favour by the petitioner.
4. It is submitted by learned counsel for the petitioner that no such occurrence as alleged ever took place. He has been falsely implicated in this case. It is further submitted that the
Patna High Court CR. MISC. No.57292 of 2024(2) dt.11-09-2024 2/3 petitioner has neither given power of attorney to anyone to execute the agreement nor he has authorised any person to negotiate the land to sell it. The co-accused, Noor Islam cheated the complainant after showing the petitioner's land. It is further submitted that all transactions have been made between the complainant and the said Noor Islam for which he cannot be blamed. It is further submitted that the petitioner is a bona fide purchaser-cum-owner of the land in question and deserves all the rights regarding it and no case is made out against him. It is further submitted that the complainant never visited to the petitioner. Petitioner has no criminal antecedent as mentioned in para-3 of this application.
5. Learned APP for the State assisted by learned counsel for the opposite party no.2 opposed the prayer for bail.
6. Having regard to the facts and circumstances of the case as well as the fact that neither any payment has been made to the petitioner nor the petitioner is involved in this villainous game, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned
Patna High Court CR. MISC. No.57292 of 2024(2) dt.11-09-2024 3/3 Court below where the case is pending/successor Court in connection with Trial No.3034 of 2024, arising out of C-Case No. 1913 of 2023, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.
(Anjani Kumar Sharan, J) Trivedi/- U T