Shaan Mohammad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.72952 of 2022 Arising Out of PS. Case No.-240 Year-2022 Thana- DAGARUA District- Purnia ====================================================== SHAAN MOHAMMAD S/o Asgar Ali R/o- Barsauni, P.S.- Dagarua, DistrictPurnia, Bihar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Adil Abbas, Adv.

For the Opposite Party/s :

Mr.Dilip Kumar No.1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 21-03-2023 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

Petitioner apprehends his arrest in a case registered for the offence punishable u/s 420, 467, 468 and 471 & 120(B) IPC. Allegation against the petitioner is that on the basis of forged document, he has mutated the property in his name. It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has committed no offence. He has been falsely implicated in this case due to ulterior motive. The allegation leveled against the petitioner is not specific rather general and omnibus in nature. It is submitted that the mutation was granted by the concerned Authorities, thereafter, brother of the petitioner filed a case before the concerned Authorities and it was found that on the basis of forged

Patna High Court CR. MISC. No.72952 of 2022(2) dt.21-03-2023 2/2 documents, the said mutation was created in the name of petitioner. It is further submitted that petitioner has not filed any forged document and on the report of the 'Karamchari', the said mutation was created in the name of petitioner. Petitioner has no criminal antecedent.

Learned APP for the State opposed the prayer for bail. Having regard to the facts and circumstances of the case and considering that there is civil nature of dispute between the parties, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/Successor Court in connection with Dargarua P.S. Case No.240/2022, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Anjani Kumar Sharan, J) pallavi/- U T