Md. Mirajuddin @ Mollo v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.81944 of 2019 Arising Out of PS. Case No.-76 Year-2019 Thana- KAJRA District- Lakhisarai ====================================================== Md. Mirajuddin @ Mollo, Son of Late Quim, Resident of Village - Uron, P.S. Kajra, District - Lakhisarai.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ranjay Kumar Singh For the Opposite Party/s :

Mr.Yogendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 14-02-2020 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 188, 323, 341, 379, 419, 447, 468, 471 and 506/34 of the Indian Penal Code.

The prosecution case, as per the written report of Mashal Seth submitted to the Station House Officer of Kajra Police Station, is to the effect that one Md. Mirajuddin @ Mollo, the petitioner claiming land on the basis of forged power of attorney executed by uncle and sister of the father of the informant, though, the informant and his uncle are residing in the same house and 144 Cr.P.C., proceeding is going on between the parties. It is alleged that in 145 Cr.P.C., proceeding the title

Patna High Court CR. MISC. No.81944 of 2019(2) dt.14-02-2020 2/3 has been decided in favour of the informant when the petitioner restrained the informant from cultivating the same and the accused persons made assault to the informant and took away Rs.5,000/-, wrist watch and gold chain from the informant. It is submitted by learned counsel for the petitioner that the accusation does not constitute any offence and in the background of land dispute and litigation between the parties, the accusation has been levelled. The informant is claiming the land by virtue of gift but he has not produced any document. A statement has been made in paragraph 3 of the petition that the petitioner is not having any criminal antecedent. Learned APP submits that the petitioner is named in the FIR with specific accusation.

Considering the accusation being levelled in the background of land dispute coupled with the statement made in paragraph 3 of the petition that the petitioner is not having any criminal antecedent, let the above named petitioner be released on anticipatory bail in the event of arrest or surrender before the learned Court below within a period of twelve weeks from today, on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, Ist Class, Lakhisarai in connection

Patna High Court CR. MISC. No.81944 of 2019(2) dt.14-02-2020 3/3 with Kajra P.S. Case No. 76 of 2019, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Dinesh Kumar Singh, J) DKS/- U T