Md. Nausher Alam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.178 of 2022 Arising Out of PS. Case No.-64 Year-2021 Thana- AAJAM NAGAR District- Katihar ====================================================== 1.

MD. NAUSHER ALAM Son of Late Md. Muktar Ahmed Resident of Naya Tola, Katihar.

2.

Md. Aslam Son of Nazimudin Resident of Paul Tola, Katihar 3.

Muqtadir Alam @ Jigar Son of Hasikur Rahman Resident of Azamgarh, Katihar 4.

Md. Jalaludin @ Md. Jalal Munshi Son of Md. Hafijudin Resident of Imadpur, Katihar.

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Mukesh Kant For the Opposite Party/s :

Mr.Arun Kumar Pandey For the Informant Mr. Musowir, Adv ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 26-09-2022 Heard learned counsel for the petitioners no. 1 to 3, learned counsel for the informant and learned APP for the State. The instant application for anticipatory bail has been filed by the petitioners apprehending their arrest in connection with Azamnagar (S) P.S. Case no. 64 of 2021 instituted for the offence punishable under Sections 467, 468, 471, 420/34 of the Indian Penal Code.

As per allegation in the FIR, petitioner has committed fraud with the informant by impersonating an another lady as his wife in place of informant, he got executed a sale deed in

Patna High Court CR. MISC. No.178 of 2022(3) dt.26-09-2022 2/2 respect of a land, which was purchased by the informant in the year 2005. The alleged sale deed does not bear the signature of the informant.

Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. The present matter relates to civil dispute. Learned APP appearing for the State has opposed the prayer of Bail.

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 petitioners on bail. The petitioners are directed to surrender in the Court below within a period of four weeks from today and in the event of their arrest or surrender in connection with Azamnagar (S) P.S. Case No. 64 of 2021, 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 CJM, Katihar subject to the conditions as laid down under section 438(2) of the Cr.P.C.

(Sunil Kumar Panwar, J) sushma/- U