Patna High CourtCR. MISC./40198/2018bail granted

Md. Shahabuddin @ Md. Shahab Uddin v. State Of Bihar And ANR

2018-07-16Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.40198 of 2018 Arising Out of PS.Case No. -1714 Year- 2006 Thana -BHAGALPUR COMPLAINT CASE DistrictBHAGALPUR ====================================================== Md. Shahabuddin @ Md. Shahab Uddin, Son of Late Nasir Uddin resident of Village- Dilgori, P.S. Sultanganj, District- Bhagalpur, Presently Mojahidpur West, P.S. Mojahidpur, District- Bhagalpur. .... .... Petitioner

Versus

1. The State of Bihar.

2. Bibi Mahroon Nisha, Wife of Late Haji Ali Hasan Aiyabi, resident of Islampur, Champa Nagar, P.S. Nath Nagar, District- Bhagalpur. .... .... Opposite Parties ====================================================== Appearance :

For the Petitioner/s : Mr. Shiwesh Chandra Mishra For the Opposite Party/s : Mr. Ganesh Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 16-07-2018 Heard learned counsel for the petitioner.

Petitioner apprehends his arrest in connection with Complaint Case No. 1714 of 2006 lodged for the offences punishable under Sections 419, 420, 467, 468, 327, 471, 323 and 504 of the Indian Penal Code.

Allegation against the petitioner, who was deed writer, is that he prepared a forged deed in the year 1992 and cognizance was taken in the year 2008 and in the year 2013 non-bailable warrant of arrest was issued against the petitioner. Submission of learned counsel for the petitioner is that petitioner has no knowledge about the same.

Patna High Court Cr.Misc. No.40198 of 2018 (3) dt.16-07-2018 2/2 Heard learned APP also.

Having heard both sides and in the facts and circumstances, let the petitioner, named above, surrender within a period of six weeks from the receipt of this order and on his so surrendering he shall be released on bail 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 Sub-Divisional Judicial Magistrate, Bhagalpur, in connection with Complaint Case No. 1714 of 2006, subject to the conditions as laid down under Section 438(2) Cr.P.C. and further condition is that one of the bailors shall be a local person having sufficient immoveable properties within the jurisdiction of court concerned.

It is made clear that if process under Sections 82 and 83 Cr.P.C. has already been issued against the petitioner prior to filing of the present application before this Court, i.e. on 5.7.2018, this order has no effect.

(Vinod Kumar Sinha, J) spal/- U