Aftab Ahmad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.80299 of 2024 Arising Out of PS. Case No.-251 Year-2023 Thana- SAMASTIPUR District- Samastipur ====================================================== Aftab Ahmad Son of Abdul Mannan Resident of Village - Hasanpur Sarsauna, P.S.- N.H. Bangra, District - Samastipur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ravi Ranjan, Adv.

For the Opposite Party/s :

Mr. Satyendra Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 22-11-2024 Heard Mr. Ravi Ranjan, learned counsel for the petitioner and Mr. Satyendra Prasad, learned APP for the State.

2. Petitioner seeks regular bail in connection with Samastipur Town P.S. Case No. 251/2023 dated 25.09.2023 registered for the offences punishable under Sections 420, 467, 468, 471 and 120B read with Section 34 of the Indian Penal Code.

3. The main submissions advanced by learned counsel for the petitioner are that as per the FIR, the informant claimed that she had purchased the land in question from one Hasin Fatma, wife of Afroj Ahmad but the said Hasin fatma and her husband never had any right or title over the said land and according to the family tree of the petitioner and Afroj Ahmad, their common ancestor, namely, Sogir Ahmad married two

Patna High Court CR. MISC. No.80299 of 2024(2) dt.22-11-2024 2/3 times, the first wife was Bibi Chhotkan, from whom, one son, namely, Afroj Ahmad took birth and after the death of first wife, Sogir Ahmad married Jubaida Khatoon and from that wedlock, three daughters, namely, Bibi Kumar Sultana (wife of this petitioner), Nigar Sultana and Farhat Sultana took birth. Learned counsel further submits that Md. Afroj Ahmad had already sold his entire share concerned to the land of Sogir Ahmad, so, in view of this fact, the informant did not get a valid title in the land in question, however, a title suit No. 395/2023 is pending in between both the parties.

Learned counsel further submits that the executant, namely, Bibi Kumar Sultana and one, namely, Bibi Shamima Khatoon, in whose favour the sale deed was executed, have already been granted anticipatory bail by this Court vide orders dated 28.08.2024 and 25.10.2024 passed in Cr. Misc. Nos. 52708/2024 and 75061/2024 respectively and the petitioner has been languishing in jail since 30.07.2024 and against him, the investigation has been completed.

4. Learned APP appearing for the State has opposed the bail prayer.

5. Considering the above submissions and mainly the nature of the dispute and the completion of investigation against the petitioner, this Court is inclined to grant the relief of bail to

Patna High Court CR. MISC. No.80299 of 2024(2) dt.22-11-2024 3/3 the petitioner. Accordingly, let the petitioner named-above be released on bail on furnishing bail bond of Rs.20,000/-(Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of the concerned Court in connection with Samastipur Town P.S. Case No. 251/2023.

(Shailendra Singh, J) annu/- U T