Amir Khan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.77047 of 2024 Arising Out of PS. Case No.-292 Year-2014 Thana- DIGHA District- Patna ====================================================== Amir Khan (M), aged about 80 years, S/O Late Md. Nazir Khan, resident of Nasriganj, Pathantoli, P.S- Danapur, District- Patna. ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Sumitra Devi, W/O - Late Nityanand Singh, R/O Patel Lane Ramjichak P.S. Digha Dist- Patna ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Kundan Rathore, Advocate For the State :

Mr. Murli Dhar, APP For the OP No.2 :

Mr. Dharamveer, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 17-01-2025 Heard learned counsel for the petitioner; learned Additional Public Prosecutor for the State and learned counsel for the opposite party no. 2.

2. The petitioner apprehends arrest in connection with Digha PS Case No.292 of 2014 dated 18.11.2024, instituted under Sections 420, 467, 468, 323, 379, 120-B of the Indian Penal Code.

3. The allegation against the petitioner is that he in conspiracy with other accused persons prepared forged baibeyana deed to grab the land of the informant.

4. Learned counsel for the petitioner submits that allegation against the petitioner is that he is one of the signatory on the sale deed as a witness. It is further submitted that the petitioner has no concern either with the sale deed or with the

Patna High Court CR. MISC. No.77047 of 2024(3) dt.17-01-2025 2/2 parties. There is no specific allegation against the petitioner except the signatory of the sale deed as a witness. Further submission is that similarly situated co-accused, Rakesh Kumar Singh, has been granted anticipatory bail by this Court vide order dated 17.12.2024 passed in Cr. Misc. No. 57832 of 2024. Other co-accused have also been granted bail. Further submission is that the petitioner has no criminal antecedents.

5. Learned APP as well as learned counsel for the opposite party no. 2 have opposed the prayer for bail.

6. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest or surrender before the Court below within six weeks from today, the petitioner be released on bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned ACJM- XIII, Patna, in Digha PS Case No.292 of 2014, subject to the conditions laid down in Section 438(2) of the Code of Criminal Procedure, 1973.

7. The application stands allowed.

(Khatim Reza, J) J. Alam/- U T