A.B.A./5566/2026 of TAIYAB ANSARI Vs THE STATE OF JHARKHAND on 5 October 2026

1. Taiyab Ansari, aged about 65 years,

2. Md. Salim, aged about 43 years, Both sons of Late Rahmat Ali, Resident of Village-Kud, Chatra Road, Ward No.8, P.O.-Rewali, P.S.-Kathkamdag, District- Hazaribagh/Jharkhand.

.... .... …. Petitioners

Versus

The State of Jharkhand

.... .... .... Opposite Party

------ CORAM : HON'BLE MR. JUSTICE ANIL KUMAR CHOUDHARY

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For the Petitioners : Mr. B.M. Tripathi, Sr. Advocate

: Mr. Naveen Kr. Jaiswal, Advocate

For the State

: Mr. Pankaj Kr. Mishra, Addl.P.P

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Order No.02 Dated- 05-10-2026

Heard the parties.

Apprehending their arrest in connection with Katkamdag P.S. Case No.149 of 2024 instituted under Sections 323, 420, 467, 468, 471, 120B & 34 of the Indian Penal Code, the petitioners have moved this Court for grant of privileges of anticipatory bail.

Learned senior counsel appearing for the petitioners submits that the allegation against the petitioners is that the petitioners in furtherance of common intention with the co-accused persons posing themselves as owner and title holder of the property belonging to the ancestor of the informant has executed sale deed in favor of the co-accused persons; which is claimed to be forged sale deeds by the informant. It is submitted that the allegation against the petitioners is false. It is next submitted that there is no allegation of any impersonation against the petitioners. Learned senior counsel for the petitioners relying upon the judgment of the Hon’ble Supreme Court of India in the case of Md. Ibrahim and Others vs. State of Bihar and Another in Criminal Appeal No.1695 of 2009 dated 04.09.2009, paragraph-15 of which reads as under:-

15. When we say that execution of a sale deed by a person, purporting to convey a property which is not his, as his property, is not making a false document and therefore not forgery, we should not be understood as holding that such an act can never be a criminal offence. If a person sells a property knowing that it does not belong to him, and thereby defrauds the person who purchased the property, the person defrauded, that is the purchaser, may complain that the vendor committed the fraudulent act of cheating. But a third party who is not the purchaser under the deed may not be able to make such complaint.

submits that, in this case, the informant is a third party to the transaction between the petitioners and the purchasers of the property as the purchaser of the property has no grievance against the petitioners, so the offence of forgery is not made out against the petitioners. Drawing attention of this Court towards para-08 of the instant bail application, learned senior counsel for the petitioners submits that the petitioners have no criminal antecedent. It is also submitted that the dispute between the parties is at best a civil dispute. It is lastly submitted that the petitioners undertake to co-operate with the investigation of the case. Hence, it is submitted that the petitioners be given the privileges of anticipatory bail.

Learned Addl. P.P appearing for the State opposes the prayer for anticipatory bail of the petitioners.

Considering the submissions of learned counsels and the facts and circumstances stated above, I am inclined to grant privileges of anticipatory bail to the petitioners. Accordingly, the petitioners are directed to surrender in the Court below within two weeks from today and in the event of their arrest or surrendering, they will be enlarged on bail on furnishing bail bond of Rs.25,000/- (Twenty five thousand) each with two sureties of the like amount each to the satisfaction of learned J.M.-1st Class, Hazaribagh in connection with Katkamdag P.S. Case No.149 of 2024 with the condition that they will co-operate with the investigation of the case and appear before the investigating officer as and when noticed by him and furnish their mobile numbers and photocopy of the Aadhar Cards with an undertaking that they will not change their mobile numbers during the pendency of the case and further conditions as laid down under Section 482 (2) of the Bharatiya Nagarik Suraksha Sanhita, 2023. 05/10/2026-Abhiraj/ (Anil Kumar Choudhary, J.)