Md. Nasim @ Nasim Mian @ Md. Nasim Khan v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.21433 of 2018 Arising Out of PS.Case No. -149 Year- 2017 Thana -VIJAYPUR DistrictGOPALGANJ ===================================== Md. Nasim @ Nasim Mian @ Md. Nasim Khan, son of late Wahid Mian, resident of Village Hariharpur, Police Station - Vijayipur, District - Gopalganj.

.... .... Petitioner/s

Versus

1. The State of Bihar.

2. Md. Quasim, Son of Late Jabbar Khalifa, resident of village - Hariharpur, P.S. - Vijayipur, District - Gopalganj. .... .... Opposite Party/s ===================================== Appearance :

For the Petitioner/s : Mr. Nityanand Mishra, Adv. For the Opposite Party/s : Mrs. Renuka Ratnakar, APP ===================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 26-04-2018 The petitioner seeks bail in anticipation of his arrest in connection with Vijayipur P.S. Case No. 149 of 2017, dated 13.08.2017, instituted for the offences punishable under Sections 467, 468, 471 and 120(B) of the Indian Penal Code.

The complainant/informant has alleged that a Gairmazarua Malik land, which stood in the name of Hathua Maharaj, was donated to Bihar Bhoodan Yagna Committee.

Patna High Court Cr.Misc. No.21433 of 2018 (2) dt.26-04-2018 2/3 Out of the aforesaid land, 58 decimals of land was distributed to some people including the father of the complainant/informant. 15 decimals of the aforesaid land was standing in the name of the father of the complainant/informant for which rent was also being paid. Later, it has been alleged, the petitioner along with others and a Revenue official made interpolations in the Jamabandi, thereby making an attempt to create a title in his favour as well. The date of interpolation has not been provided in the First Information Report. The case has been lodged after about four year of the occurrence.

Learned counsel for the petitioner has submitted that an absolutely false case has been instituted against the petitioner. In fact, it is a dispute between two claimants of the government land which was distributed to land-less people under some scheme. The petitioner is none else, but one of the agnates of the complainant/informant. Considering the aforesaid facts, the petitioner above named, in the event of his arrest or surrender before the learned Court below within a period of four weeks from today, be released on anticipatory bail on his furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Gopalganj in connection with

Patna High Court Cr.Misc. No.21433 of 2018 (2) dt.26-04-2018 3/3 Vijayipur P.S. Case No. 149 of 2017, arising out of Complaint Case No. 1439 of 2017.

(Ashutosh Kumar, J) Praveen-II/- U T