Kurwan Ali @ Md. Kurwan Ali v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.81561 of 2024 Arising Out of PS. Case No.-72 Year-2024 Thana- BHAPTIAHI District- Supaul ====================================================== Kurwan Ali @ Md. Kurwan Ali son of Late Dil Mohammad R/O- Jarauli, P.S.- Bhaptiyahi, District- Supaul ... ... Petitioner/s
Versus
1.
The State of Bihar 2.
Baldev Mandal s/o- Late Siyaram Mandal R/o- Village- Kulipatti, Ward no.1, Panchayat- Chandpipar, P.S.- Bhaptiyahi, Dist.- Supaul ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Gagan Deo Yadav, Advocate Mr. Rajesh Kumar, Advocate For the Opposite Party/s :
Mr. Md. Shakir Ahmad, A.P.P.
For O.P. No. 2 :
Mr. Ranjay Kumar Singh, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 06-02-2025 Heard learned counsel for the petitioner, O.P. No. 2 and the State.
2. Petitioner apprehends arrest in a case registered for the offences punishable under Sections 419, 420, 467, 408 of the Indian Penal Code.
3. It is alleged that this petitioner on the basis of forged and fabricated documents got mutation of the land of informant.
4. Learned counsel for the petitioner submits that is innocent and has committed no offence. As a matter of fact, petitioner is bona fide purchaser of the land and he purchased the land in question from one Seikh Anwarul and others after
Patna High Court CR. MISC. No.81561 of 2024(4) dt.06-02-2025 2/2 paying full consideration money. He further submits that one Md. Nadeem has also filed mutation appeal bearing Appeal No. 50/2019-20 against the petitioner and the same was heard and dismissed on 29.10.2021 by learned DCLR. Moreover, dispute is of civil nature and has been given criminal colour with a view to harass the petitioner.
5. Learned counsel for the O.P. No. 2 vehemently opposed the bail application.
6. Considering the nature of accusation and dispute, this anticipatory bail is allowed and it is ordered that let the above named petitioner in the event of his arrest/surrender before the court below within a period of eight weeks from today, be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Supaul in connection with Bhaptiyahi P. S. Case No. 72 of 2024, subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure.
(Prabhat Kumar Singh, J) Navya/- U T