Naim @ Naim Akhtar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.69143 of 2025 Arising Out of PS. Case No.-3 Year-2023 Thana- MASHRAK District- Saran ====================================================== Naim @ Naim Akhtar S/o Late Nijamudin Ansari R/o Village- Mashrakh Purab Tola, P.S.- Mashrakh (Mashrak), District- Saran ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ajit Kumar Singh, Adv For the Opposite Party/s :
Mr. Uday Pratap Singh, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA ORAL ORDER 26-09-2025
1. Heard learned counsel for the petitioner as well as learned APP for the State.
2. The petitioner apprehends his arrest in connection with "Mashrakh (Mashrak)" P.S. Case no. 03 of 2023 registered under Sections 420, 467, 468,471, 120(B) of IPC.
3. The allegation of the first information report arising out of a complaint is that a sale-deed was fraudulently executed by the accused persons with respect to a land belonging to the informant.
4. Learned counsel for the petitioner submits at the outset that the present case arises out of a complaint filed by the complainant, who has not made the present petitioner an accused in the complaint or the FIR while naming 10 other
Patna High Court CR. MISC. No.69143 of 2025(2) dt.26-09-2025 2/3 accused persons, and his name has only featured in the body of the complaint as the person who had identified as a witness on the said sale deed. It has further been submitted that there is a land dispute between the parties and a civil suit is going on. Further, the other co-accused person, namely, Dhiraj Kumar Singh, who is attributed an allegation of being the purchaser of the disputed land, has been granted anticipatory bail vide order dated 04.10.2024 passed by the Co-ordinate Bench of this Court in Cr. Misc. No. 62844/2024 (Annexure-P/2). The petitioner undertakes to cooperate in the case/trial.
5. The application for anticipatory bail is opposed by learned A.P.P. for the State.
6. Taking into consideration the aforesaid facts and circumstances of the case and also considering the civil nature of dispute and the role of the petitioner being that of an attesting witness and further considering that the case of the petitioner is on a better footing than that of co-accused who has already been granted anticipatory bail by the Co-ordinate Bench of this Court, let the above named petitioner who has no criminal antecedent, in the event of his arrest or surrender before the learned Court below within a period of four weeks, be released on anticipatory bail in connection with "Mashrakh
Patna High Court CR. MISC. No.69143 of 2025(2) dt.26-09-2025 3/3 (Mashrak)" P.S. Case no. 03 of 2023 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned ACJM 7th (Additional Chief Judicial Magistrate 7th), Saran at Chapra, subject to the condition laid down under Section 438(2) of the Code of Criminal Procedure/Section 482(2) of the B.N.S.S, 2023.
(Soni Shrivastava, J) krishnakant/- U T