Allowed

Sekh Sarajudin @ Sekh Serajuddin v. the State of Bihar

Patna HC24 Jun 2020CR. MISC./8607/2020

Case brief

AI extract

What is this about?

In a video-conferenced hearing, the Patna High Court granted anticipatory bail to two petitioners accused in a criminal case related to a land dispute alleged to involve fraud by a Halka Karamchari. The court noted the civil nature of the dispute.

What did the court decide?

Anticipatory bail granted for a period of four weeks from receipt of the order, subject to furnishing a bail bond of Rs. 10,000 with two sureties.

Sekh Sarajudin @ Sekh Serajuddin Vs the State of Bihar — Anticipatory Bail | Patna HC (2020)

¶1

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.8607 of 2020

¶2

Arising Out of PS. Case No.-897 Year-2018 Thana- AURANGABAD COMPLAINT CASE District- Aurangabad

¶3

======================================================

¶4

SEKH SARAJUDIN @ SEKH SERAJUDDIN S/o Son of Sekh Shahadat Resident of Village- Saharsa, P.S.- Mali, Distt- Aurangabad.

¶5

Sekh Alauddin Son of Sekh Ismail @ Sekh Ismaiee Resident of VillageSaharsa, P.S.- Mali, Distt- Aurangabad.

¶6

... ... Petitioner/s

¶7

Versus

¶8

THE STATE OF BIHAR Bihar

¶9

Abdul Gafur Son of Fatem Ahmad Resident of Village- Saharsa, P.S.- Mali, Distt- Aurangabad.

¶10

... ... Opposite Party/s

¶11

====================================================== Appearance : For the Petitioner/s : Mr.Shailesh Kumar Singh For the Opposite Party/s : Mr.Nityanand ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER

¶12

3 24-06-2020 The present petition has been taken up for consideration through the mode of Video conferencing in view of the prevailing situation on account of COVID 19 Pandemic, requiring social distancing.

¶13

Heard the learned counsel for the petitioners and the learned APP appearing for the State.

¶14

This is an application for grant of anticipatory bail in connection with Aurangabad Complaint Case No. 897 of 2018 registered for the offence punishable under Sections 320, 323 and 341/34 of the Indian Penal Code

¶15

The accusation is regarding land dispute having arisen in

¶16

Patna High Court CR. MISC. No.8607 of 2020(3) dt.24-06-2020 2/3

¶17

between the complainant and the accused persons including the petitioners herein and it is also alleged that the Halka Karamchari, namely, Devendra Singh has demanded bribe and has illegally issued receipt for the said land in question, hence, the accused persons have committed fraud with the complainant.

¶18

The learned counsel for petitioners has submitted that the petitioners are innocent, they have been falsely implicated in the present and they are having a clean antecedent. It is further submitted that the dispute in question can at best be said to be a civil dispute and the remedy of the complainant lies before the competent court having civil jurisdiction.

¶19

Having regard to the facts and circumstances of the case, considering the submissions made by the learned counsel for the petitioner as also taking into account the fact that prima facie, the allegations levelled in the complaint are in the nature of civil dispute, I deem it fit and proper to admit the petitioners to the privilege of anticipatory bail.

¶20

Accordingly, the petitioners are directed to be enlarged on anticipatory bail, in the event of their 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, on furnishing

¶21

Patna High Court CR. MISC. No.8607 of 2020(3) dt.24-06-2020 3/3

¶22

bail bond of Rs. 10,000/- (rupees ten thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Aurangabad in connection with Aurangabad Complaint Case No. 897 of 2018 (T.R.No. 1819 of 2019), subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

¶23

(Mohit Kumar Shah, J)

¶24

Ajay/-

¶25

U T

Sekh Sarajudin @ Sekh Serajuddin v. the State of Bihar

Case brief

What is this about?

What did the court decide?

Sekh Sarajudin @ Sekh Serajuddin v. the State of Bihar

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Raja Babu Mahto @ Rajababu Mahto Vs The State of Bihar

Radhey Kushwaha @ Radha Kushwaha Vs The State of Bihar

Nirmala Devi Vs the State of Bihar

Md. Kasim @ Juman @ Md. Jumman Vs The State of Bihar

Nashim Akhtar @ Md. Nashim Akhtar Vs the State of Bihar

Raja Kumar Vs The State of Bihar