Patna High Court - Orders
Shah Mohammad vs The State Of Bihar on 6 November, 2019
Author: Anil Kumar Sinha
Bench: Anil Kumar Sinha
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.65383 of 2019
Arising Out of PS. Case No.-446 Year-2019 Thana- ALAMGANJ District- Patna
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1. Shah Mohammad, Son of Late Khuda Bakash Resident of Amiri Begum
Waqf State, Chand Colony, Karnalganj, Gaighat, Patna City, P.S.- Alamganj,
District- Patna
2. Jalaluddin, Son of Late Basarat Ali Resident of Amiri Begum Waqf State,
Chand Colony, Karnalganj, Gaighat, Patna City, P.S.- Alamganj, District-
Patna
3. Israfil, Son of Mohammad Shakur Resident of Amiri Begum Waqf State,
Chand Colony, Karnalganj, Gaighat, Patna City, P.S.- Alamganj, District-
Patna
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
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Appearance :
For the Petitioner/s : Mr.Manoranjan Prasad
For the Opposite Party/s : Mr.Meena Singh
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CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA
ORAL ORDER
2 06-11-2019Heard learned counsel for the petitioners and learned counsel appearing on behalf of the State.
Petitioners apprehend their arrest in connection with Alamganj P.S. Case No.446 of 2019 (G.R. No.3607 of 2019), for the offence punishable under Section 52A of Wakf Board (Amendment Act 2013).
The allegation against the petitioners is that petitioners have violated the conditions of tenancy putforth by the Wakf Board which has been fixed in terms of the Judgment and Decree passed in Title Suit No.13 of 2011 and are keeping Patna High Court CR. MISC. No.65383 of 2019(2) dt.06-11-2019 2/3 more than 5 dhurs of land in the Amiri Begum Wakf Property and accordingly they have committed offence under Section 52(A) of the Wakf Board (Amendment) Act, 2013.
Learned counsel for the petitioners submits that petitioners have falsely been implicated in this case inasmuch as the petitioners have not committed any offence in the manner alleged. Learned counsel further submits that petitioners have been continuing on the Wakf property for the last 40 years, however, they are ready to part with their possession on extra land belonging to the Wakf Board over and above 5 dhurs of land within a period of two months.
Having regard to the submissions made by the parties and taking into consideration the fact that the petitioners have undertaken that they will hand over the area of the land in their possession to the Board over and above 5 dhurs of land within two months, I am inclined to grant anticipatory bail to the petitioners.
In view of the undertaking given by the petitioners let all the petitioners be released on anticipatory bail, subject to the condition that they will hand over the area of the land in their possession over and above 5 dhurs to the officials of the Board to the satisfaction of the Wakf Board. The satisfaction of the Patna High Court CR. MISC. No.65383 of 2019(2) dt.06-11-2019 3/3 Board and the proof that petitioners have vacated the land over and above 5 dhurs shall be attached along with the surrender- cum-bail application of the petitioners.
Accordingly, all the petitioners, above named, are directed to surrender before the learned Court below within a period of ten weeks from today and in the event of surrender by them, they shall be released on anticipatory bail by the Court below upon furnishing bail bond of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of learned A.C.J.M., Patna City in connection with Alamganj P.S. Case No.446 of 2019 (G.R. No.3607 of 2019), subject to the condition as mentioned under Section 438 (2) of Cr.P.C. and subject to further conditions as mentioned hereinabove.
(Anil Kumar Sinha, J) sanjeev/-
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