Altaf @ Md. Altaf Vs The State of Bihar

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.32067 of 2024

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Arising Out of PS. Case No.-206 Year-2022 Thana- AURANGABAD COMPLAINT CASE District- Aurangabad

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

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1. Sabana @ Sabina Praveen @ Shabina Daughter Of Late Fahimuddin Village- Kajichak, Amarpura, Ps- Rafiganj, Dist- Aurangabad, Wrongly Mentioned In The Impugned Order As R/O- Village And Po - Pouthu, PsJamhore, Dist- Aurangabad

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Shaheen @ Parveen Bano Daughter Of Late Fahimuddin Village- Kajichak, Amarpura, Ps- Rafiganj, Dist- Aurangabad, Wrongly Mentioned In The Impugned Order As R/O- Village And Po - Pouthu, Ps- Jamhore, DistAurangabad

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... ... Petitioner/s

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Versus

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The State of Bihar

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Parwez Alam S/o- late Abdul Hakeem Vill-Kajichak Amarpur PS-Rafiganj Dist- Aurangabad

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... ... Opposite Party/s

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

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with

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CRIMINAL MISCELLANEOUS No. 33143 of 2024

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Arising Out of PS. Case No.-206 Year-2022 Thana- AURANGABAD COMPLAINT CASE District- Aurangabad

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

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Altaf @ Md. Altaf Son of Late Fahimuddin Resident of Village- Kajichak, Amarpura, P.S- Rafiganj, Dist- Aurangabad wrongly mentioned in the Impugned order as Resident of Village and P.O- Pouthu, P.S- Jamhore, DistAurangabad

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Sahnawaz @ Md. Shahnawaj Son of Late Fahimuddin Resident of VillageKajichak, Amarpura, P.S- Rafiganj, Dist- Aurangabad wrongly mentioned in the Impugned order as Resident of Village and P.O- Pouthu, P.S- Jamhore, Dist- Aurangabad

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Sarfaraz @ Sarfaraj Alam Son of Late Fahimuddin Resident of VillageKajichak, Amarpura, P.S- Rafiganj, Dist- Aurangabad wrongly mentioned in the Impugned order as Resident of Village and P.O- Pouthu, P.S- Jamhore, Dist- Aurangabad

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Aftab @ Md. Aftab Alam Son of Late Fahimuddin Resident of VillageKajichak, Amarpura, P.S- Rafiganj, Dist- Aurangabad wrongly mentioned in the Impugned order as Resident of Village and P.O- Pouthu, P.S- Jamhore, Dist- Aurangabad

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... ... Petitioner/s

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Versus

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The State of Bihar Patna

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Parvez alam sonof late abdul hakeem r/v- village- kajichak, amarpura, p.s.rafiganj, distt.- aurangabad

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... ... Opposite Party/s

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

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Patna High Court CR. MISC. No.32067 of 2024(4) dt.13-12-2024 2/3

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with

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CRIMINAL MISCELLANEOUS No. 43674 of 2024

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Arising Out of PS. Case No.-206 Year-2022 Thana- AURANGABAD COMPLAINT CASE District- Aurangabad

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====================================================== 1. Awdhesh Kumar Singh S/O Ramjatan Singh R/O Near Shivmandir,Shivpuri,ward no.9,Araria,P.S.-Araria(Town),Distt-Araria,The then posted as Circle Officer,Rafiganj Block,P.S.-Rafiganj,Aurangabad 2. Pramod Kumar S/O Ramprasad R/O Village-Koshdihara,P.S.-Barun,DisttAurangabad,The then posted as Halka Karaqmchari,Rafiganj Block,DisttAurangabad ... ... Petitioner/s Versus 1. The State of Bihar 2. Parwej Alam S/O Late Abdul Hakim R/O Village-Kajichak Amarpura,P.S.Rafiganj,Distt-Aurangabad. At present,R/O 2/C Pemantle Street,Kolkata,West Bengal ... ... Opposite Party/s ====================================================== Appearance : (In CRIMINAL MISCELLANEOUS No. 32067 of 2024) For the Petitioner/s : Mr. Abdul Mannan Khan, Adv. Mr. Binay Kumar, Adv. For the O.P. No. 2 Mr. Uma Kant Mishra, Adv. For the State : Mr. Ajit Kumar, APP (In CRIMINAL MISCELLANEOUS No. 33143 of 2024) For the Petitioner/s : Mr. Binay Kumar, Adv. For the State : Mr. Dilip Kumar No. 1, APP (In CRIMINAL MISCELLANEOUS No. 43674 of 2024) For the Petitioner/s : Mr. Ashok Singh, Adv. For the O.P. No. 2 Mr. Uma Kant Mishra, Adv. For the State : Mr. Ajit Kumar, Adv. ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER

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4 13-12-2024 Heard learned counsel for the petitioners and learned

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Additional Public Prosecutor for the State.

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The petitioners are apprehending their arrest in a case

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registered for the offence punishable under Sections 420, 34 of the Indian Penal Code.

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Petitioners are said to have sold the land of the complainant by creating his forged signature and his brothers vide

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Patna High Court CR. MISC. No.32067 of 2024(4) dt.13-12-2024 3/3

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Deed No. 15405 dated 18.11.2021.

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Learned counsel for the petitioners submits that the petitioners are innocent and have been falsely implicated in this case. He submits that there is a partition suit bearing Title Suit No. 08 of 2020 is pending between the parties in the learned court below. He submits that land in question was measured several time by the Anchal Amin by the order of Anchal Adhikari in presence of both the parties and thereafter demand was opened in the name of both parties, hence, the allegation of forgery does not arise. He submits that the petitioners along with their brothers have sold some of the property of their own share. He further submits that petitioners have no criminal antecedent as stated in para-3 of the bail application.

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Learned APP for the State and opposite party no.

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2 oppose the prayer for bail.

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Considering the nature of offence, I am not inclined to enlarge the petitioners on bail. Accordingly, their prayer for anticipatory bail is rejected in connection with Complaint Case No. 206 of 2022.

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(Anjani Kumar Sharan, J)

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devendra/- U T

Altaf @ Md. Altaf v. The State of Bihar

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Altaf @ Md. Altaf v. The State of Bihar

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