Zahir Alam @ Zahir Alam Khan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.59747 of 2023 Arising Out of PS. Case No.-38 Year-2023 Thana- RAMNAGAR District- West Champaran ====================================================== 1.
Zahir Alam @ Zahir Alam Khan S/O Satar Khan R/O Village- Danmarwa, Ps. Ramnagar, Dist. West Champaran 2.
Md. Satar @ Md. Sattar Khan S/O Adalat Hussain Khan R/O VillageDanmarwa, Ps. Ramnagar, Dist. West Champaran 3.
Buchi Devi @ Buchchi Devi W/O Govind Sahni R/O Village- Dhokaraha Pokhara Tola, Ps. Ramnagar, Dist. West Champaran 4.
Govind Sahani @ Govindar Sahani S/O Yogendra Sahani R/O VillageDhokaraha Pokhara Tola, Ps. Ramnagar, Dist. West Champaran ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Milind Kumar Mishra, Advocate For the Informant :
Mr. Bimlesh Kumar Pandey, Advocate For the Opposite Party/s :
Mr. Bhanu Pratap Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 01-11-2023 Learned counsel for the petitioners is permitted to remove the defect(s), as pointed out by the office, if any, within a period of three weeks from today.
2. Heard learned counsel for the petitioners and learned counsel for the Informant as well as learned Additional Public Prosecutor for the State.
3. The petitioners are apprehending their arrest in a case in connection with Ram Nagar P.S. Case No. 38 of 2023 dated 01.02.2023 registered for the offences punishable u/ss 341, 323, 385, 419, 420, 504 and 506 read with section 34 of the
Patna High Court CR. MISC. No.59747 of 2023(3) dt.01-11-2023 2/3 Indian Penal Code.
4. As per the prosecution case, the petitioners are alleged to have prepared false deed of Khesta Bainama with stamp issued with intention to grab the land of the informant and the petitioner no. 3 demanded Rs. 3,00,000/- as extortion and threatened the informant that if he wanted to possess the land, he would have to pay Rs. 3,00,000/- as extortion. It is further alleged that Buchchi Devi (petitioner no. 3) has previously executed a number of forged sale deed.
5. Learned counsel for the petitioners has submitted that the petitioners have falsely been implicated in this case due to land dispute. Learned counsel has further submitted that the Khata, Kheshra of the said land is not mentioned in the FIR. Learned counsel has further submitted that the said land is Gairmajarua land. The petitioners have no criminal antecedent as stated at para 3 of the bail petition.
6. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioners.
7. Considering the aforesaid facts and circumstances of the case, let the above named petitioners, in the event of their arrest/surrender within a period of six weeks from today, be enlarged on bail on furnishing bail-bond of Rs. 20,000/- (Rupees
Patna High Court CR. MISC. No.59747 of 2023(3) dt.01-11-2023 3/3 Twenty thousand) each with two sureties of the like amount each to the satisfaction of learned court concerned, Bagaha, West Champaran in connection with Ram Nagar P.S. Case No. 38 of 2023, subject to conditions as laid down under Section 438(2) of the Code of Criminal Procedure.
8. This application stands allowed.
(Chandra Prakash Singh, J) guddukr/- U T