Patna High CourtCR. MISC./37141/2017bail granted

Md. Aftab Khan v. The State Of Bihar

2017-08-10Mr. Justice Madhuresh Prasad2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.37141 of 2017 Arising Out of PS.Case No. -46 Year- 2017 Thana -NAWADA District- NAWADA ====================================================== Md. Aftab Khan, S/o Md. Taslim Khan, R/o Village- Datraul, P.S.- Pakribarawan, Dist- Nawada. .... .... Petitioner

Versus

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

For the Petitioner : Mr. Birendra Kumar, Advocate For the Opposite Party : Mr. Harendra Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 10-08-2017 Heard learned counsel for the petitioner and learned APP for the State.

This is a case registered under sections 467, 468, 471, 420, 120B of the IPC. Substance of the allegation made in the complaint is that one Chamru Mian, impersonating himself to be Md. Asgar Ali, executed the sale deed in favour of the petitioner, who is also a co-accused.

Learned counsel for the petitioner submits that he is the bona fide purchaser of the land and he has obtained the title of land by registered sale deed after paying the consideration money. He further submits that the instant case is civil in nature and the prosecution has been launched on the extraneous consideration. Further, it is submitted that the petitioner had no knowledge of any impersonation and he is not the resident of

Patna High Court Cr.Misc. No.37141 of 2017 (2) dt.10-08-2017 2/2 villager where he purchased the land in question. Petitioner has no antecedent and on such false implication he is languishing in custody since 29.03.2017.

Considering the aforesaid submissions, prayer for bail of the petitioner is allowed. Let the petitioner as named above be released on bail on his furnishing bonds of Rs 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Nawada in Nawada Town Police station Case No. 46 of 2017.

(Madhuresh Prasad, J) Shashi.

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