Md. Islam @ IslamversusThe State of Bihar

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.55844 of 2024
                 Arising Out of PS. Case No.-206 Year-2022 Thana- AURANGABAD COMPLAINT CASE
                                                  District- Aurangabad
                 ======================================================
                 Md. Islam @ Islam, Son of Late Farjand Ali @ Parjan Ali, Resident of
                 Village-Amarpura, P.S.- Rafiganj, Distt.- Aurangabad
                                                                             ... ... Petitioner
                                                   Versus

           1.    The State of Bihar
           2.    Pravej Alam, Son of late Abdul Hakim, R/V- Kazichak, P.S.- Amarpura, P.S.-
                 Rafiganj, Distt.- Aurangabad At present Resident of 2/C, Pemantle Street
                 Kolkata-7000016

                                                         ... ... Opposite Parties
                 ======================================================
                 Appearance :
                 For the Petitioner    :       Mr. Sanjay Kumar, Advocate
                                               Mr. Pramendra Kumar Singh, Advocate
                 For the State         :       Mr. Arun Kumar Pandey, APP
                 For the O.P. No.2     :       Mr. Uma Kant Mishra, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
                                       ORAL ORDER

3   02-02-2026                  Heard learned counsel for the petitioner and learned

                   Additional Public Prosecutor for the State duly assisted by

                   learned counsel appearing for the complainant/O.P. No.2.

                                2. The accused/petitioner is named in the complaint

                   petition and apprehending his arrest in connection with

                   Complaint Case No.206 of 2022 in which cognizance has been

                   taken for the offences punishable under Sections 420 read with

                   34 of the Indian Penal Code.

                                3. As per complaint petition, the petitioner and eleven
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          other co-accused persons alleged to create illegal jamabandi by

          interpolation/forging in correct and actual record.

                       4. It is submitted by learned counsel appearing for

          petitioner that the matter is related with partition of ancestral

          property for which a civil suit bearing No.8 of 2020 is pending

          before the court of learned Sub Judge, Aurangabad, which was

          filed by complainant. It is submitted that the petitioner is the

          Sarpanch of the area and in that capacity, he helped both

          parties to arrive to an amicable settlement, but as the

          complainant developed suspicion that the petitioner being

          Sarpanch inclined towards petitioner/co-accused persons, he

          was implicated falsely with present case also without having any

          cogent material. It is submitted that the petitioner is not

          beneficiary of alleged land deal.

                       5. Arguing further, it is submitted that the complaint

          is not supported by affidavit, which is in violation of established

          principle of law in terms of legal report as available through

          Priyanka Srivastava v. State of Uttar Pradesh [(2015) 6

          SCC 287]. The petitioner claimed clean antecedent.

                       6.      Learned APP duly assisted by learned counsel

          appearing for the complainant while opposing the prayer of bail
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                     submitted that the petitioner was in collusion with other co-

                     accused persons.

                                  7.    In view of aforesaid factual submissions and by

                     taking note of fact as the dispute is primarily civil in nature,

                     where the petitioner only appears mediators in capacity of

                     sarpanch between the parties and dispute also appears to be

                     raised in civil side, as mentioned aforesaid, accordingly, the

                     petitioner, above-named, in the event of his arrest or surrender

                     in the court below within a period of four weeks from today, is

                     directed to be released on bail 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 Chief Judicial

                     Magistrate, Aurangabad in connection with Complaint Case

                     No.206 of 2022, subject to the conditions as laid down under

                     Section 438(2) of the Code of Criminal Procedure (in short

                     ‘CrPC’)/under Section 482(2) of the Bhartiya Nagrik Suraksha

                     Sanhita, 2023 (in short ‘BNSS’).


                                                             (Chandra Shekhar Jha, J.)
    Sanjeet/-

U      T