Md. Yunus And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.74159 of 2018 Arising Out of PS. Case No.-796 Year-2016 Thana- ARARIA District- Araria ======================================================

1. Md. Yunus, S/o Late Md. Suleman.

2. Md. Mustaque @ Md. Mustaque Alam, S/o Late Md. Suleman.

3. Md. Khalid @ Md. Khalid Siddique, S/o Sk. Abul, All resident of Village Mohanpur, P.S.- Araria, District- Araria.

... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Abhijeet Gautam For the Opposite Party/s :

Mr.Sri Akbar Ali ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 09-01-2019 Heard learned counsels for the parties.

The petitioners are apprehending arrest in a case registered for the offences punishable under Sections 467,468,420,504 and 506 of the IPC.

The prosecution case is that the informant's land was fraudulently transferred by getting a sale deed dated 7.11.1985 executed by Bibi Rehana, her mother Most. Kuresa in favour of the petitioners. On 28.8.2016 when the informant went to get her land measured, she was abused and the accused persons claimed that they have got the land by virtue of sale deed.

It is submitted by learned counsel for the petitioners that on the basis of sale deed executed by the informant's mother

Patna High Court Cr.Misc. No.74159 of 2018(2) dt.09-01-2019 2/2 and others the petitioners have got the land in question. Learned APP submits that there is specific accusation against the petitioners.

Considering the accusation arising out of civil nature of dispute and the accusation being levelled claiming the sale deed to be forged after thirty years of its execution, coupled with the statement made in paragraph 3 of the petition that the petitioners are not having any criminal antecedent, let the petitioners above named be released on anticipatory bail in the event of arrest or surrender within 12 weeks on furnishing bail bond of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned CJM, Araria in connection with Araria P.S. Case No.796 of 2016 subject to the conditions laid down in Section 438(2) of the Cr.P.C.

(Dinesh Kumar Singh, J) anil/- U