Md Farooque @ Farooque v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.13497 of 2024 Arising Out of PS. Case No.-218 Year-2023 Thana- AMDABAD District- Katihar ====================================================== Md Farooque @ Farooque Son of Late Faijul Haque @ Late Fajlur Rahman Resident of Village- Singhia, P.S.- Amdabad, District- Katihar ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Shivendra Prasad, Advocate For the Opposite Party/s :

Mr. Sanjay Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 12-03-2024

1. Heard learned counsel for the parties.

2. The petitioner has preferred this application for grant of regular bail in connection with Sessions Trial no.718 of 2023/G.R. no.4986 of 2023 (arising out of Amdabad P.S. Case no.218 of 2023) registered under sections 302, 307, 341, 323, 504, 506, 120B and 34 of the Indian Penal Code.

3. As per the prosecution case, it is stated that having been angered over a dispute relating to execution of a registered deed with respect to 5 kathas of land by the informant's father in favour of his uncle, the accused persons including the petitioner came variously armed and as a result of assault by them one Enamul Haque died.

4. Learned counsel for the petitioner submits that the petitioner has been falsely implicated in the case. The manner of

Patna High Court CR. MISC. No.13497 of 2024(2) dt.12-03-2024 2/2 occurrence is other than what has been narrated in the F.I.R.. Even as per the F.I.R., the allegations are general and omnibus in nature. Co-accused Jainal has been enlarged on bail vide order dated 17.2.2024 passed in Cr. Misc. no.5796 of 2024. The petitioner is in custody since 25.9.2023.

5. Heard learned A.P.P. for the State.

6. Having heard learned counsel for the parties and taking into consideration the general and omnibus allegation against the petitioner in the F.I.R., the cause of occurrence being land dispute between the parties together with the petitioner having remained in custody for 5 months since 25.9.2023 and chargesheet having been submitted in the case, the Court directs the petitioner to be enlarged on bail in connection with Sessions Trial no.718 of 2023/G.R. no.4986 of 2023 (arising out of Amdabad P.S. Case no.218 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 Additional Sessions Judge IV, Katihar.

(Partha Sarthy, J) Saurabh/- U T