Amzad Imam @ Amzad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.62505 of 2023 Arising Out of PS. Case No.-662 Year-2022 Thana- DHAKA District- East Champaran ====================================================== AMZAD IMAM @ AMZAD S/O LATE HASIM R/O VILLAGE- CHANDANBARA, P.S- DHAKA, DISTT.- EAST CHAMPARAN. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Rajesh Ranjan For the Opposite Party/s :

Mr.Uday Pratap Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 05-10-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case registered for the offence punishable under section 420, 406, 467, 468, 471, 327, 323, 324, 307/34 of the Indian Penal Code.

3. As per FIR, the allegation against the accused persons including the petitioner is that they after preparing false and fabricated documents executed sale deed for the land measuring about 24 katha in the name of their wives. It is further alleged that they also assaulted the informant by fists and slaps.

4. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. He has falsely been implicated in this present case due to previous land enmity. From perusal of FIR, it appears that the dispute was purely civil in natuare, and as per

Patna High Court CR. MISC. No.62505 of 2023(2) dt.05-10-2023 2/2 Para-9 of the bail petition, it is submitted that the present false and fabricated case was lodged due to the fact that a Title Suit No. 19 of 2021 is pending before the learned Sub-Judge-III, Dhaka (East Champaran) related to land. It is further submitted that the petitioner has got no criminal antecedent. Moreover, he is languishing in judicial custody since 16.06.2023.

5. Learned APP appearing for the State has vehemently opposed the prayer of Bail.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as judicial custody, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Dhaka P.S. Case No. 662 of 2022 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Sub-Divisional Judicial Magistrate, Sikarhana (East Champaran, Motihari) (Sunil Kumar Panwar, J) Manishkumar/- U T