Allowed¶23

Aslam @ Md. Aslam v. The State of Bihar

Patna HC3 Apr 2024CR. MISC./16095/2024

Case brief

AI extract

What is this about?

Patna High Court, Cr. Misc. No.16095 of 2024, decided 03-04-2024 by Partha Sarthy, J. Anticipatory bail granted to Aslam @ Md. Aslam in Dhaka P.S. Case no. 466 of 2023 (East Champaran) under ss. 420, 467, 468, 471, 34 IPC; land-dispute cheating/forgery allegations; bail bond Rs.10,000/- with two like sureties; s. 438(2) CrPC conditions; co-accused Md. Sabir Alam earlier enlarged on regular bail.

What did the court decide?

Anticipatory bail granted: petitioner to be released on bail upon arrest or surrender within four weeks, on furnishing bail bond of Rs.10,000/- with two sureties of the like amount each before the learned Sub-Divisional Judicial Magistrate, Sikrahana at Dhaka, subject to section 438(2) CrPC conditions. ¶23

Aslam @ Md. Aslam Vs The State of Bihar — Cheating and Forgery | Patna HC (2024)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the petitioner, named in Dhaka P.S. Case no. 466 of 2023 (sections 420, 467, 468, 471 and 34 IPC), should be released on anticipatory bail apprehending his arrest.

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Court's answer

The petitioner is to be released on anticipatory bail in Dhaka P.S. Case no. 466 of 2023: in the event of his arrest or surrender before the learned Court below within four weeks, on furnishing a bail bond of Rs.10,000/- with two sureties of the like amount each to the satisfaction of the learned Sub-Divisional Judicial Magistrate, Sikrahana at Dhaka, District East Champaran, subject to the conditions under section 438(2) CrPC.

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Detailed headnote1 paragraphs

Anticipatory bail – Application of Aslam @ Md. Aslam in Dhaka P.S. Case no. 466 of 2023 (ss. 420, 467, 468, 471 and 34 IPC) allowed by the Patna High Court. Prosecution alleged the informant purchased 12 dhurs of land from one Md. Husnain, that seven named accused created disturbance in his possession, and that the petitioner claimed title through a sale deed purportedly executed by the informant in favour of Antima Tiwary, which the informant denied ever executing. Considering the nature of allegations in the F.I.R., the contents of the petition and submissions, the Court directed that the petitioner, in the event of arrest or surrender before the learned Court below within four weeks, be released on anticipatory bail on a bail bond of Rs.10,000/- with two sureties of the like amount each to the satisfaction of the learned Sub-Divisional Judicial Magistrate, Sikrahana at Dhaka, District East Champaran, subject to the conditions under section 438(2) of the Code of Criminal Procedure.

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.16095 of 2024

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Arising Out of PS. Case No.-466 Year-2023 Thana- DHAKA District- East Champaran

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

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Aslam @ Md. Aslam Son Of Md. Zakariya R/O-Bhagwanpur Tola, Khairawa, P.S.-DHAKA, Distt.-EAST Champaran

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... ... Petitioner/s

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Versus

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The State of Bihar

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Shamim Akhtar Son Of Late Seikh Manir R/O-Dhaka Ramchandra, Tola Mohabbatpur, P.S.-DHAKA, Distt.-EAST Champaran

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... ... Opposite Party/s

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====================================================== Appearance : For the Petitioner/s : Mr. Asif Kalim, Advocate For the Opposite Party/s : Mr. Chandra Bhushan Prasad, APP For the Informant : Md. Waliur Rahman, Advocate ======================================================

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CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER

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3 03-04-2024 1. Heard learned counsel for the parties.

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The petitioner has preferred this application for

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grant of anticipatory bail apprehending his arrest in connection with Dhaka P.S. Case no. 466 of 2023 registered under sections 420, 467, 468, 471 and 34 of the Indian Penal Code.

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As per the prosecution case, the informant states

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that he purchased 12 dhurs of land from one Md. Husnain and he has complete title and also possession over the land in question. It is further stated that the seven named accused persons created disturbance in his possession over the said land. The informant further states that the petitioner stated that he had purchased this land from one Antima Tiwary who had purchased

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Patna High Court CR. MISC. No.16095 of 2024(3) dt.03-04-2024 2/3

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it from the informant. The informant had never executed any such sale deed in favour of Antima Tiwary.

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Learned counsel for the petitioner submits that the petitioner has been falsely implicated in the case. The allegations in the F.I.R are primarily civil in nature and even if the statement of the informant is to be accepted, it appears that the petitioner himself has been cheated. The petitioner has no criminal antecedent and undertakes to cooperate in the case.

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The application for anticipatory bail is opposed by learned APP for the State and learned counsel for the informant. Learned counsel for the informant submits that not only the petitioner is named in the F.I.R but there is direct allegation against the petitioner as also one Antima Tiwary of having cheated the informant and of having made an attempt to dispossess him from his land in question. It is further submitted that some of the co-accused including one Md. Sabir Alam have been enlarged on regular bail while this is an application for anticipatory bail.

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Having heard learned counsel for the parties and taking into consideration the nature of allegations against the petitioner in the F.I.R, the contents of the petition together with submissions made, it is directed that the petitioner, above

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Patna High Court CR. MISC. No.16095 of 2024(3) dt.03-04-2024 3/3

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named, in the event of his arrest or surrender before the learned Court below within a period of four weeks, be released on anticipatory bail in connection with Dhaka P.S. Case no. 466 of 2023 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Sub-Divisional Judicial Magistrate, Sikrahana at Dhaka, District- East Champaran subject to the conditions as laid down under section 438(2) of the Code of Criminal Procedure.

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(Partha Sarthy, J)

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Harsh/-

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U T

Aslam @ Md. Aslam v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Aslam @ Md. Aslam v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

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