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Patna High CourtCR. MISC./52752/2019bail granted

Md. Samsad Alam @ Md. Samsad @ Phul Babu v. The State Of Bihar

2019-08-23Mr. Justice Chakradhari Sharan Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.52752 of 2019 Arising Out of PS. Case No.-149 Year-2019 Thana- PUPRI District- Sitamarhi ====================================================== 1.

MD. SAMSAD ALAM @ MD. SAMSAD @ PHUL BABU S/o Md. Japhir @ Md. Zafir Resident of Village- Raipur, P.S.- Nanpur, District- Sitamarhi. 2.

Md. Japhir @ Md. Zafir S/o Md. Jamil Resident of Village- Raipur, P.S.- Nanpur, District- Sitamarhi.

3.

Kailash Paswan S/o Nirgun Paswan Resident of Village- Raipur, P.S.- Nanpur, District- Sitamarhi.

4.

Ratani Devi W/o Sukhari Paswan Resident of Village- Raipur, P.S.- Nanpur, District- Sitamarhi.

5.

Indrajeet Paswan S/o Rameshwar Paswan Resident of Village- Raipur, P.S.- Nanpur, District- Sitamarhi.

6.

Md. Aklam @ Md Alkama S/o Md. Sajid Resident of Village- Raipur, P.S.- Nanpur, District- Sitamarhi.

... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Uday Kumar For the Opposite Party/s :

Dr. (Mrs.) Indiwar Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 23-08-2019 Heard learned counsel for the parties.

This application for anticipatory bail arises out of Pupri P.S. Case No. 149 of 2019, disclosing the offence under Sections 420, 467, 468, 471, 34 of the Indian Penal Code.

It is alleged in the FIR that the informant was interested in getting the mutation done in his favour in respect of certain lands. The petitioners, who are named in

Patna High Court CR. MISC. No.52752 of 2019(2) dt.23-08-2019 2/3 the FIR, are said to have taken the signature of the informant in that pretext on certain documents in the nature of sale deed said to have executed by the son of one Diljan Momin, the uncle of the informant, who was already dead. Learned counsel appearing on behalf of the petitioners has submitted that there is a property dispute and another FIR has been registered in connection with property of said late Diljan Momin.

Considering the facts and circumstances and the nature of accusation, this application is allowed. Let the petitioners, above-named, in the event of their arrest/surrender within six weeks from today in the court below, be released on bail on furnishing bail bonds of Rs. 10,000/-(ten thousand) each, with two sureties of the like amount each, to the satisfaction of the learned SDJM, Pupri at Sitamarhi in Pupri P.S. Case No. 149 of 2019, subject to the condition as laid down under Section 438(2) of the Code of Criminal Procedure.

This is subject to the condition that the petitioners shall present themselves before the Police/ Court, as the case may be, as and when required and in the event of failure on their part to appear before the court on

Patna High Court CR. MISC. No.52752 of 2019(2) dt.23-08-2019 3/3 two consecutive occasions, their bail bonds shall be liable to be cancelled.

(Chakradhari Sharan Singh, J) Rajesh/- U T