Majid Khan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.68377 of 2025 Arising Out of PS. Case No.-7 Year-2024 Thana- WAJIRGANJ District- Gaya ====================================================== Majid Khan, S/O late Yakub Khan @ Akub Khan, R/O Village- Kenar Fatehpur, Tola Banabigha, P.S- Wazirganj, Distt.- Gaya. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ajay Kumar Sinha, Advocate.
Ms. Varsha Verma, Advocate.
For the State :
Mr. Kalyan Shankar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA KUMAR ORAL ORDER 08-10-2025 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner seeks bail, apprehending his arrest, in connection with Wazirganj P.S. Case No. 7 of 2024 dated 04.01.2024 registered for the offences punishable under Sections 420, 467 and 468 of the Indian Penal Code.
3. As per allegation, after the death of father of the informant, "Hiba" (gift) was forged and in regard to the total land belonging to his father and demand was opened in the name of one of his brothers, Shamim Khan.
4. Learned counsel for the petitioner submits that the Petitioner is innocent and has falsely been implicated in this case. He further submits that till date the documents of "Hiba"
Patna High Court CR. MISC. No.68377 of 2025(2) dt.08-10-2025 2/3 has not been challenged and set aside and, hence, there is no truth in the allegation of the informant. He also submits that the mutation has not been challenged by the informant and the mutation is still in the name of co-accused Shamim Khan.
5. It is also stated in paragraph no. 2 of the bail petition that the petitioner has not moved this Court earlier either for anticipatory bail or regular one in the instant case.
6. It has further been stated in paragraph no.3 of the bail petition that the petitioner has no criminal antecedent.
7. However, learned APP for the State vehemently opposes the prayer of the Petitioner for bail.
8. Considering the fact that till date the document which is allegedly forged by the accused persons in conspiracy, is still not challenged, this petition is allowed, directing the petitioner, above-named, to be enlarged on bail, in the event of his arrest or surrender before the court below within a period of eight weeks from the date of receipt / production of a copy of this order, on his furnishing bail bonds in the sum of Rs. 10,000 /- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned concerned court below in connection with Wazirganj P.S. Case No. 7 of 2024 subject to the conditions as laid down under Section 482 (2) of the
Patna High Court CR. MISC. No.68377 of 2025(2) dt.08-10-2025 3/3 B.N.S.S 2023, and on the following conditions: (i) In case, it is brought to the notice of the court below that the petitioner has any criminal antecedent, learned court below shall cancel the bail bonds of the petitioner after hearing him and getting satisfied that the petitioner has concealed his criminal antecedents despite his knowledge of the same.
(ii) In case, it is brought to the notice of the court below that statement regarding previous bail petition is wrong, learned court below shall cancel the bail bonds of the petitioner. (Jitendra Kumar, J) S.Ali/- U T