Md. Sabir Nezam @ S.M. Sabir Nezam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.55866 of 2022 Arising Out of PS. Case No.-590 Year-2022 Thana- NAWADA District- Nawada ====================================================== MD. SABIR NEZAM @ S.M. SABIR NEZAM Son of Late Muzaffar Hussain Resident of Mohalla- Moglakhar, P.S- Nawada (Bundelkhand O.P) Dist- Nawada, Presently residing at Sattar Manzil, Jamun Gali, Sabzi Bagh, P.S- Pirbahore, Dist- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Deepak Kumar For the Opposite Party/s :

Mr.Satyendra Narayan Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 02-01-2023 Heard the parties.

The petitioner apprehend his arrest in a case registered for the offence punishable under Sections 406/ 420/ 504/ 506 of the Indian Penal Code.

It is submitted by learned counsel for the petitioner that petitioner is quite innocent and have committed no offence. He has been falsely implicated in this case. No such occurrence, in the manner as alleged, has ever taken place. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. He submits that the petitioner is the elder brother of the informant and after partition, the land in question fell in the share of the petitioner. He further submits that there is a civil dispute between the parties and the informant has already filed a title suit against the petitioner bearing title suit no.182 of 2019, pending in the court

Patna High Court CR. MISC. No.55866 of 2022(2) dt.02-01-2023 2/2 below. Petitioner has no criminal antecedent. Learned APP for the State opposed the prayer for anticipatory bail.

Having regard to the facts and circumstances of the case, as there is a civil dispute between the parties, let the above named petitioner, be released on bail, in the event of his/her arrest or surrender before the learned Court below within a period of six weeks from today, 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 learned court below where the case is pending/Successor Court in connection with Nawada (Bundelkhand) P.S. Case No.590 of 2022, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Anjani Kumar Sharan, J) shikha/- U T