Md. Zaki Ahmad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.53490 of 2019 Arising Out of PS. Case No.-67 Year-2019 Thana- TATARPUR District- Bhagalpur ====================================================== Md. Zaki Ahmad, aged 67 Years, Sex- Male, Son of Late Md. Salim Ahmad @ Late Md. Salim, Resident of Mohalla- Line Bagh (Ashanandpur) Bhagalpur, Police Station- Tatarpur, District- Bhagalpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Abdul Wadood, Advocate For the Opposite Party/s :

Mr. Nitya Nand Tiwary, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 25-11-2019 Heard learned counsel for the petitioner and learned counsel appearing for the informant.

Petitioner seeks regular bail in connection with Tatarpur P.S. Case No. 67 of 2019, G.R. No. 1164 of 2019 registered for the offence punishable under Sections 420, 406 and 447 of the Indian Penal Code.

The allegation against the petitioner is that he claims himself to be a power of attorney holder of the Wakf Board properties and is indulged in selling of the Wakf Board properties.

Learned counsel for the petitioner submits that

Patna High Court CR. MISC. No.53490 of 2019(4) dt.25-11-2019 2/3 petitioner has falsely been implicated in this case inasmuch as the petitioner is the power of attorney holder of the informantdonor , in which the petitioner was made intjamkar of the Wakf Board properties. Learned counsel further submits that in the capacity of power of attorney holder petitioner had filed a writ application before this Court vide C.W.J.C. No. 14757 of 2008 alleging therein encroachment upon the Wakf Board properties by unauthorized persons in which the informant had appeared, but he did not raise any objection against the petitioner.

On the other hand, learned counsel appearing for the informant submits that petitioner has prepared a forged power of attorney and on the basis of the same, petitioner is selling the Wakf Board properties.

Having heard learned counsel for the parties and taking into consideration the fact that petitioner had filed a writ application on the basis of power of attorney in which the informant had already appeared earlier but no objection was raised at that point of time and petitioner is in custody since 17.06.2019, I am inclined to grant regular bail to the petitioner. Accordingly, let the petitioner Md. Zaki Ahmad be enlarged on bail on furnishing bail bond of Rs. 20,000/- (twenty

Patna High Court CR. MISC. No.53490 of 2019(4) dt.25-11-2019 3/3 thousand) with two sureties of the like amount each to the satisfaction of Additional Chief Judicial Magistrate, VII, Bhagalpur in connection with Tatarpur P.S. Case No. 67 of 2019, G.R. No. 1164 of 2019.

(Anil Kumar Sinha, J) praful/- U T