Sartaj Alam @ Saqrtaz Alam v. State Of Bihar And ANR

Patna High Court Cr.Misc. No.54060 of 2017 (4) dt.20-12-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.54060 of 2017 Arising Out of PS.Case No. -283 Year- 2016 Thana -GOPALGANJ COMPLAINT CASE DistrictGOPALGANJ ======================================================

1. Sartaj Alam @ Saqrtaz Alam, Son of Abdul Bari, Resident of VillageSawanhi Jagdish, Police Station- Gopalpur, District- Gopalganj. .... .... Petitioner/s

Versus

1. The State of Bihar.

2. Manohar Manjhi, Son of Saheju Manjhi, Resident of Village- Sawanhi Jagdish, P.S.- Gopalpur, District- Gopalganj. .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Lokesh Kumar Singh, Adv. For the Opposite Party/s : Mr. Sri Aditya Narayan Singh 1, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 20-12-2017 Heard learned Counsel for the petitioners and learned Additional Public Prosecutor for the State. This application, for grant of anticipatory bail, arises out of Complaint Case No. 283 of 2016/Trail No. 1776 of 2017, disclosing offences under Sections 420, 467, 468 and 120(B) of the Indian Penal Code.

Learned counsel for the petitioner has submitted that the petitioner has purchased the land in question from Sudama Manjhi, who has filed a Title Suit against the complainantManohar Manjhi, which is evident from annexure-3 to the supplementary affidavit filed by the petitioner. The petitioner has purchased the land prior to filing of the title suit and the

Patna High Court Cr.Misc. No.54060 of 2017 (4) dt.20-12-2017 petitioner has no knowledge about the dispute over the land in question, which is evident from annexure-4 to the S.A. Moreover, co-accused, Nuruddin Ahmad @ Nurdin Ahmad has already been granted anticipatory bail by a co-ordinate Bench of this Court in Cr. Misc. No. 8207 of 2017. Hence, the petitioner, who is of clean antecedent deserves, the privilege of anticipatory bail.

Considering the facts and circumstances of the case, let the petitioner, above named, in the event of his arrest or surrender before the Court below within six weeks, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-XI, Gopalganj, in connection with Complaint Case No. 283 of 2016/ Trial No. 1776 of 2017, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.

(Arvind Srivastava, J) brajesh/- U T