Md. Ataullah @ Ataullah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.69260 of 2023 Arising Out of PS. Case No.-30 Year-2022 Thana- RAUTARA District- Katihar ====================================================== Md. Ataullah @ Ataullah Son Of Sanaullah Village- Hajipur Ps- Muffasil Dist- Katihar ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr.Bhola Prasad, Advocate For the Opposite Party/s :

Mr.Rajiv Nayan, Addl Public Prosecutor for the informant Mr BK Mishra, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 01-11-2023 Heard learned counsel for the petitioner and the State.

2. The petitioner apprehends arrest in a case registered for the offence punishable under sections 406, 420, 467/120B and other allied sections of the Indian Penal Code.

3. As per prosecution case, the petitioner in collusion with other co-accused persons hatched a conspiracy and got compensation amount for the land which belongs to the complainant claiming themselves to be owners whereas they were only tenant of the complainant.

4. Learned counsel appearing for the petitioner submits that the petitioner is not been attributed specific role and he has not even received a penny in the alleged transaction. Police after investigation submitted final form against the

Patna High Court CR. MISC. No.69260 of 2023(2) dt.01-11-2023 2/2 petitioner but the Court below differing with the same took cognizance of the offence. Petitioner claims clean antecedent. Co-accused, with similar allegation, has already been allowed pre-arrest bail by a co-ordinate bench of this Court vide order passed in Cr.Mis.No. 58038/2023.

5. Learned counsel for the State as well as the informant oppose the prayer for bail.

6. Considering the aforesaid facts of the case, prayer for bail of the petitioner is allowed. In the event of arrest/surrender within six weeks from today, let the petitioner, mentioned above, be enlarged on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Judicial Magistrate 1st class, Katihar in Rautara Police Station Case No. 30 of 2022, subject to the conditions laid down under section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Singh, J) Shashi U T