Patna High Court - Orders
Shamim Akhtar vs State Of Bihar & Anr on 11 January, 2017
Author: Anjana Mishra
Bench: Anjana Mishra
Patna High Court Cr.Misc. No.45852 of 2016 (3) dt.11-01-2017
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.45852 of 2016
Arising Out of PS.Case No. -202 Year- 2015 Thana -COMPLAINT CASE District- SHEOHAR
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SHAMIM AKHTAR S/o Jakrula Ansari Resident of village- Harkarwa,
P.S.- Piprahi, District- Sheohar
.... .... Petitioner/s
Versus
1. The State of Bihar
2. Soyab Ansari S/o Late Ali Mahmad Resident of village- Harkarwa, P.S.-
Piprahi, District- Sheohar
.... .... Opposite Party/s
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Appearance :
For the Petitioner/s : Mr. Uday Kumar
For the Opposite Party/s : Mr. Sri Ram Bachan Singh
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CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA
ORAL ORDER
3 11-01-2017Heard learned counsel for the petitioner and learned counsel appearing on behalf of the State.
The petitioner apprehends his arrest in connection with Complaint Case No. C-1/202/2015 for the offences registered under Sections 419, 420, 120B of the Indian Penal Code.
Learned counsel for the petitioner submits that the allegation against the petitioner is that he had identified as a non-existent person and as a result thereof a sale deed was executed with regard to the complainant for which he was holding a Basgit Parcha. It is further submitted that if at all the complainant was having an authentic document in his favour, he could approach the competent authority for setting aside the Patna High Court Cr.Misc. No.45852 of 2016 (3) dt.11-01-2017 said sale deed. So far as the present petitioner is concerned, he is the full-brother of the complainant.
Having heard learned counsel for the petitioner and learned counsel for the opposite party no. 2, it appears that the petitioner has made identification and the land is subject matter of dispute between the complainant and his brothers.
Considering the aforesaid facts and circumstances of the case and that the petitioner has got no criminal antecedent, let the petitioner, above named, in the event of his arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Sheohar in connection with Complaint Case No. C-1/202/2015, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.
(Anjana Mishra, J) Jagdish/-
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