Adud Ansari v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.53301 of 2016 Arising Out of PS.Case No. -202 Year- 2015 Thana -COMPLAINT CASE District- SHEOHAR ====================================================== Adud Ansari, Son of Late Ali Ahmad, Resident of Village- Harkarwa, P.S.- Piparahi, District- Sheohar.
.... .... Petitioner/s
Versus
1. The State of Bihar.
2. Shoeb Ansari, Son of Late Ali Ahmed, Resident of Village- Harkarwa, P.S.- Piprahi, District- Sheohar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr.
For the Opposite Party/s : Mr.
====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER -------- 19-12-2016 Heard learned counsel for the petitioner and the learned A.P.P. for the State.
The petitioner apprehends his arrest in connection with Complaint Case No.C1-202 of 2015 registered under Sections 419, 420 and 120B of the Indian Penal Code.
The allegation of the complainant/opposite party no.2 Shoeb Ansari is that 8 dismal land of Khesra No.1211 of Khata No.233 of village-Harkarwa recorded in the name of Thakur Babu Birendra Singh was in his possession for the last 25 years and he has constructed the house over the said land. On the basis of Case No.10/14-15, Basgit Parcha was issued by the Circle Officer,
Patna High Court Cr.Misc. No.53301 of 2016 (2) dt.19-12-2016 2/3 Piprahi, in his favour but in spite of that on 03.12.2014, the accused no.1 Tejendra Narayan Kunwar, son of Late Birendra Kishore Kunwar, executed the sale deed in favour of the petitioner and his two brothers on which accused no.6 Shamim Akhtar put his signature as an identifier and accused no.7 Kameshwari Nandan Singh alias Raghu Babu put his signature as a witness. Learned counsel appearing on behalf of the petitioner submits that it would appear from the complaint petition itself that the complainant is own brother of the petitioner and after purchase of the land in dispute by the petitioner and his two brothers, this false case has been filed by the complainant/opposite party no.2 on the basis of Basgit Parcha issued on 02.01.
2015 by the Circle Officer, Piprahi, only to put undue pressure upon the petitioner. Further submission is that the co-accused Kameshwari Nandan Singh alias Raghu Babu has already been granted anticipatory bail by this Court vide order dated 05.10.2016 passed in Criminal Misc. No.43567 of 2016.
Having considered the facts and the circumstances of the case, let the petitioner, above named, in the event of his arrest or surrender by him within six weeks from today, be enlarged on bail on his furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the
Patna High Court Cr.Misc. No.53301 of 2016 (2) dt.19-12-2016 3/3 Sub Divisional Judicial Magistrate, Sheohar, in connection with Complaint Case No.C1-202 of 2015/Tr. No.1089 of 2016, subject to the conditions laid down under Section 438(2) Cr.P.C. (Rajendra Kumar Mishra, J) P.S./- U T