Sabi Hussain @ Sk. Sabir @ Sabir Husain v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.24849 of 2018 Arising Out of PS.Case No. -659 Year- 2017 Thana -WEST CHAMPARAN COMPLAINT DistrictWESTCHAMPARAN(BETTIAH) ====================================================== Sabi Hussain @ Sk. Sabir @ Sabir Husain son of late Sattar Hussain, resident of village Mahui Nawka Tola, P.S. Ramnagar, District West Champaran.

.... .... Petitioner/s

Versus

1. State of Bihar

2. Md. Atiullah son of late Md. Khalil, resident of village Mahui Nawka Tola, P.S. Ramnagar, District West Champaran. .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Brij Kishor Mishra For the Opposite Party/s : Mr. Sir Pramod Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY KUMAR ORAL ORDER 03-05-2018 Heard learned counsel for the petitioner and learned A.P.P. for the State.

Petitioner apprehends arrest in connection with Complaint Case NO.659C of 2017 (Trial No.3867 of 2017) registered for the offences under Sections 420, 467, 471 of the I.P.C.

It has been submitted that the allegation of committing fraud and forgery is omnibus against the petitioner. The petitioner had filed Complaint Case No.828C of 2016 against the complainant of this case in which the complainant was arrested and after his release the complainant filed the present case against the petitioner with false and frivolous allegation. The

Patna High Court Cr.Misc. No.24849 of 2018 (2) dt.03-05-2018 allegation of getting his name mutated over 13 dhur land on the basis of forged fabricated memorandum of partition is omnibus and no offence is made out against the petitioner. The learned A.P.P. for the State opposed the submission. Considering the facts and circumstances of the case, the prayer for anticipatory bail is allowed and the above named petitioner in the event of arrest or surrender before the learned court below within six weeks from today, is directed to be released on bail on furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the likewise amount each to the satisfaction of learned A.C.J.M. II, Bagaha, West Champaran in connection with Trial No.3867 of 2017 arising out of Complaint Case No.659C of 2017 subject to the conditions as laid down under Section 438(2) of Cr.P.C.

(Sanjay Kumar, J) Harish/- U