Md. Nasir @ Nasir Mian And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.20820 of 2018 Arising Out of PS.Case No. -415 Year- 2017 Thana -SARAIYA District- MUZAFFARPUR ======================================================

1. Md. Nasir @ Nasir Mian, S/o Hamid Mian,

2. Gulzar Mian @ Md. Gulzar, S/o Late Jalil Mian,

3. Hamid Mian S/o Late Soni Mian, All R/o Village- Udaypur, P.S.- Saraiya, District- Muzaffarpur. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Nachiketa Jha For the Opposite Party/s : Mr. Sri Sanjay Kumar Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY KUMAR ORAL ORDER 03-05-2018 Heard learned counsel for the petitioners and learned counsel for the informant.

Petitioners apprehend arrest in connection with Saraiya P.S. Case No.415 of 2017 registered for the offences under Sections 419, 420, 467, 468, 469, 471 and 34 of the Indian Penal Code.

The allegation as per the written report is that the petitioner no.3 being recorded tenant executed a sale deed with respect to 41 decimals of land out of 82 decimals in favour of his three sons and thereby he cheated the informant and other cosharers. It has been submitted that the petitioner no.3 has already

Patna High Court Cr.Misc. No.20820 of 2018 (2) dt.03-05-2018 filed a complaint case against the husband of the informant as he voluntarily received the compensation amount with respect to the land acquired for Hajipur-Sugauli Rail Line. The allegation of cheating is omnibus. The learned counsel submits that for redressal of dispute between the parties, a Partition Suit No.1169 of 2016 has been filed which is pending in the Court of SubJudge I, Muzaffarpur. The learned counsel for the informant opposed the submission.

Considering the facts and circumstances of the case, the prayer for anticipatory bail is allowed and the above named petitioners, in the event of arrest or surrender before the learned court below within six weeks from today, are directed to be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) each with two sureties of the likewise amount each to the satisfaction of learned A.C.J.M. 1st (West), Muzaffarpur in connection with Saraiya P.S. Case No.415 of 2017 subject to the conditions as laid down under Section 438(2) of Cr.P.C. (Sanjay Kumar, J) Harish/- U