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Patna High CourtCR. MISC./78990/2024bail granted

Ali Iman @ Ali Imam Ali v. The State Of Bihar

2024-11-29Mr. Justice Anil Kumar Sinha3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.78990 of 2024 Arising Out of PS. Case No.-693 Year-2024 Thana- SIWAN COMPLAINT CASE DistrictSiwan ====================================================== Ali Iman @ Ali Imam Ali Son of Shekha Dildar Resident Of Village- Balhan Ali Mardanpur, Ps -Bhagwanpur Hat, Dist- Siwan ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Sheikh Dildar Son of Late Sheikh Anwar Resident Of Village- Balhan Ali Mardanpur, Ps -Bhagwanpur Hat, Dist- Siwan ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ajay Kumar Tiwary For the Opposite Party/s :

Mr.Ganesh Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 29-11-2024

1. Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. This application, for grant of anticipatory bail, arises out of Complaint Case No. 693 of 2024, in which cognizance has been taken for the offences punishable under Sections 420/467/468/474/347/34 of the Indian Penal Code.

3. The prosecution case, as per the complaint petition, is that the petitioner, who is son of the complainant, administered some intoxicant to the complainant and took his thumb impression on a blank paper and executed gift deed of a piece of land/ house of the complainant in his favour.

Patna High Court CR. MISC. No.78990 of 2024(2) dt.29-11-2024 2/3

4. Learned Counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case at the behest of the second son of the complainant, who reside in Dubai and on his pressure, the present false complaint petition has been filed by the complainant. He further submits that the gift deed was executed by the complainant in favour of the petitioner on 25.01.2024, for which, photographs and impression of all 10 fingers of the complainant were taken at the Registry Office. He further submits that co-accused person, namely, Mustaque Alam has been granted anticipatory bail by this Court, vide order, dated 03.10.2024, passed in Criminal Misc. No. 67061 of 2024.

5. Regards being had to the submissions advanced on behalf of the parties and taking into consideration the fact that the allegation against the petitioner is based upon documents and custodial interrogation of the petitioner may not be required and similarly situated co-accused has been granted anticipatory bail by this Court, I am inclined to grant the petitioner privilege of anticipatory bail.

6. This application is, accordingly, allowed.

7. Let the petitioner, above named, in the event of his arrest

Patna High Court CR. MISC. No.78990 of 2024(2) dt.29-11-2024 3/3 or surrender before the Court below within a period of four weeks from today, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, 2nd Class, Siwan, in connection with Complaint Case No. 693 of 2024.

(Anil Kumar Sinha, J.) Prabhakar Anand/- U √ T √