Md. Mojahir Hussain v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.59905 of 2024 Arising Out of PS. Case No.-479 Year-2019 Thana- JEHANABAD COMPLAINT CASE District- Jehanabad ====================================================== Md. Mojahir Hussain S/o- Ishahak Miyan R/o Mohalla Gareriya Khand PS and Distt Jehanabad ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Prabha Devi wife of Late Ganauri Das Moh- Unta Madarpur Ps DistJehanabad ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Paras Nath For the Opposite Party/s :

Mr.Humayou Ahmad Khan ====================================================== CORAM: HONOURABLE MR. JUSTICE S. B. PD. SINGH ORAL ORDER 05-03-2025 Despite of issuance of valid service of notice, no one appeared on behalf of O.P. No. 2. However, learned counsel for the petitioner and A.P.P. for the State are present.

2. The instant application for anticipatory bail has been filed by the petitioner apprehending his arrest in a case instituted for the offence punishable under Sections 420, 406 of the Indian Penal Code.

3. Allegation against the petitioner is that complainant has paid altogether Rs. 3,35,000/- (three lakh thirty five thousand rupees) to the petitioner for execution of sale deed in favour of complainant but later neither he

Patna High Court CR. MISC. No.59905 of 2024(5) dt.05-03-2025 2/3 executed the sale deed in his favour nor returned the aforesaid amount.

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 the present case with the sole purpose to extort money from him. It is further submitted that there is no cheat of paper regarding sale of land. Moreover, this case is civil in nature.

5. Learned A.P.P. for the State has vehemently opposed the prayer of bail.

6. Having heard learned counsel for the parties and in the facts and circumstances of the case as stated above, this Court is inclined to enlarge the petitioner on bail. The petitioner is directed to surrender in the Court below within a period of four weeks from today and in the event of his arrest or surrender in connection with Complaint Case no. 479 of 2019, they will be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate I, Jehanabad, subject to the

Patna High Court CR. MISC. No.59905 of 2024(5) dt.05-03-2025 3/3 conditions as laid down under section 438(2) of the Cr.P.C. (S. B. Pd. Singh, J) Nirajkrs/- U T