Md. Wazuddin v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.7231 of 2022 Arising Out of PS. Case No.-33 Year-2017 Thana- ARARIA District- Araria ====================================================== 1.

MD. WAZUDDIN S/O LATE RIYAZUDDIN R/o village- Chandardai, P.S.- Araria, Distt.- Araria 2.

Md. Hasnain S/o Late Tajuddin R/o village- Chandardai, P.S.- Araria, Distt.- Araria 3.

Abul Hasan S/o Late Tajuddin R/o village- Chandardai, P.S.- Araria, Distt.- Araria 4.

Nurul Hasan S/o Late Tajuddin R/o village- Chandardai, P.S.- Araria, Distt.- Araria ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ramesh Kumar Singh For the Opposite Party/s :

Mr. Dr. Ajeet Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 14-11-2022 Learned APP has filed counter-affidavit in the Court today. Let it be kept on the record.

Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State assisted by learned counsel for the complainant.

Learned counsel for the petitioners undertakes to remove the defects within three weeks. In the eventuality of non-removal of defects within undertaken period, the office will place the matter before the Bench.

The petitioners are apprehending their arrest in a case

Patna High Court CR. MISC. No.7231 of 2022(4) dt.14-11-2022 2/3 registered for the offence punishable under Sections 467, 468, 471, 420, 504, 506 and 120(B) of the Indian Penal Code. Learned counsel for the petitioners submits that the petitioners are innocent and have been falsely implicated in this case. He submits that petitioners had sold the disputed land to the complainant in the year 2016. He further submits that earlier the said land was sold by the grand-father of the petitioners in the year 1961 itself. He submits that the complainant is in the possession of the said land. He further submits that petitioners have three criminal antecedent as stated in para-3 of this application.

Learned APP for the State and learned counsel for the Complainant opposes the prayer for bail and submits that the said land is not in possession of the complainant. Considering the facts and circumstances of the case and the fact that there is civil dispute between the parties, let the above named petitioners in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, be enlarged on bail on furnishing bail bonds of Rs.25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in

Patna High Court CR. MISC. No.7231 of 2022(4) dt.14-11-2022 3/3 connection with Araria P.S. Case No. 33 of 2017, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. (Anjani Kumar Sharan, J) ajay/- U t