Hasmuddin Khan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.27396 of 2023 Arising Out of PS. Case No.-737 Year-2022 Thana- BETTIAH CITY District- West Champaran ====================================================== Hasmuddin Khan Late Md. Sani Khan Village- Mistri Tola Ranaha PsSrinagar Pujaha Dist- W.Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Raja Ram Mishra, Adv.

For the Opposite Party/s :

Mr. Atul Chandra, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 05-06-2023 Let the defect(s), if any, be removed within two weeks from today.

Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks regular bail in connection with Betiah Nagar P.S. Case No. 737 of 2022 lodged under Sections 420, 468, 193 and 120B of the I.P.C.

As per the prosecution case, the allegation against the present petitioner is to file false affidavit before the Court about death of his brother and take benefit.

Learned counsel for the petitioner submits that petitioner is in custody since 03.01.2023 and there are 4 criminal cases pending against him. Counsel submits that due to

Patna High Court CR. MISC. No.27396 of 2023(2) dt.05-06-2023 2/2 wrong information, he has filed the said affidavit. Learned counsel for the State opposes the prayer for bail and submits that it is a case which has been filed by the Ministerial staff of SDJM, Betiah where he has committed fraud with the Court and take benefit as well as interfere in the judicial processes.

Upon specific query whether charge has been framed or not? Counsel submits that as per the knowledge of counsel, charge has not been framed till date.

Upon going through the allegation in the F.I.R. and also through the rejection order, I am not inclined to grant bail to the petitioner. Therefore, the bail application of the petitioner is hereby rejected but liberty is hereby granted to the petitioner that he may renew his prayer for bail after framing of charge. With this observation, the bail application stands rejected.

(Dr. Anshuman, J.) prakashmani/- U T