Md. Faruk v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.21614 of 2021 Arising Out of PS. Case No.-53 Year-2020 Thana- BHAGWANPUR District- Vaishali ====================================================== 1.

MD. FARUK Son of Md. Umar Resident of Village - Shahmiyan Rohua, P.S.- Bhagwanpur, District - Vaishali.

2.

Md. Faiyaz Son of Md. Umar Resident of Village - Shahmiyan Rohua, P.S.- Bhagwanpur, District - Vaishali.

3.

Md. Firoj Son of Md. Umar Resident of Village - Shahmiyan Rohua, P.S.- Bhagwanpur, District - Vaishali.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Satya Prakash Sinha, Advocate For the Opposite Party/s :

Mr.Sanjay Kumar Tiwary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 04-07-2022 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

Learned counsel for the petitioners undertakes to remove the defects within four weeks of resumption of normal court proceedings. In the eventuality of non-removal of defects within stipulated period, office will place the matter before the Bench. The petitioners apprehend their arrest in a case registered for the offence punishable under Sections 436/506 of the IPC. It is submitted by learned counsel for the petitioners that petitioners are quite innocent and have committed no offence. They have been falsely implicated in this case. No such

Patna High Court CR. MISC. No.21614 of 2021(3) dt.04-07-2022 2/2 occurrence, in the manner as alleged, has ever taken place. The allegation leveled against the petitioners is not specific rather general and omnibus in nature. There is prior enmity between the parties. Petitioners have no criminal antecedent. Vide order dated 13.05.2022, petitioners were granted provisional bail by a co-ordinate Bench of this Court and case diary was called for. The same has been received. From perusal of the case diary, it is clear that there is a land dispute between the parties, as such, the provisional bail granted to the petitioners vide order dated 13.05.2022, in connection with Bhagwanpur P.S. Case No.53 of 2020, is hereby confirmed, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Anjani Kumar Sharan, J) pallavi/-shikha/- U T