This single-paragraph order grants anticipatory bail to the petitioner who apprehends arrest in a criminal case involving land usurpation alleged to be rooted in a civil dispute.
Petitioner released on anticipatory bail upon arrest/surrender within six weeks, furnishing bond of Rs. 25,000 with two sureties under Section 438(2) Cr.P.C.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.6470 of 2023
Arising Out of PS. Case No.-148 Year-2022 Thana- TARAPUR District- Munger
======================================================
FAIAZ ALAM SON OF MD. TOHID ANSARI @ MD. TOUHID ANSARI R/O VILLAGE- GAJIPUR, P.S.- TARAPUR, DISTRICT- MUNGER
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Nishant Kumar Jha, Adv. For the Opposite Party/s : Mr.Uday Chand Prasad, APP For the Informant : Mr.Chandan Kumar Kashyap, Adv. ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER
4 27-06-2023
Heard learned counsel for the petitioner, learned counsel
for the informant and learned APP for the State.
The petitioner apprehends his arrest in a case registered
for the offence punishable u/s 420, 467, 468, 471/34 of the IPC.
Allegedly, the petitioner is said to have conspired with other accused to usurp the land which was purchased by the informant.
It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has committed no offence. He has been falsely implicated in this case. No such occurrence, in the manner as alleged, has ever taken place. The allegation leveled against the petitioner is not specific rather general and omnibus in nature. Petitioner is the purchaser of the land in
Patna High Court CR. MISC. No.6470 of 2023(4) dt.27-06-2023 2/2
question and he purchased the said land from the owner Bibhanshu Kumar Choudhary and informant submits that he has also purchased the said land from Bibhanshu Kumar Choudhary. It is a civil dispute between the parties and petitioner is only a purchaser. Petitioner has no criminal antecedent.
Learned APP for the State opposed the prayer for bail.
Having regard to the facts and circumstances of the case, since there is a civil dispute between the parties, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 25,000/(Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/Successor Court in connection with Tarapur P.S. Case No.148/2022, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.
pallavi/-
U T
(Anjani Kumar Sharan, J)
1 issue framed by the court
Whether the petitioner is entitled to anticipatory bail in light of the dispute being essentially civil in nature?
1 provisions across 1 enactments
Faiaz Alam
The State of Bihar
Anjani Kumar Sharan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
