Md. Hafiz v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.25244 of 2020 Arising Out of PS. Case No.-64 Year-2020 Thana- SARSI District- Purnia ====================================================== 1.

MD. HAFIZ Son of Late Sayeed Resident of Village- Masuriya, P.S.- Sarsi, District- Purnea.

2.

Md. Amjad Son of Md. Hafij Resident of Village- Masuriya, P.S.- Sarsi, District- Purnea.

3.

Md. Javed Son of Md. Hafij Resident of Village- Masuriya, P.S.- Sarsi, District- Purnea.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Md. Helal Ahmad, Advocate For the Opposite Party/s :

Mr.Jharkhandi Upadhyay, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 05-11-2020 Heard learned counsel for the petitioners and learned APP for the State through video conference. Learned counsel for the petitioners undertakes that all defects pointed out by the stamp reporter shall be removed, and compliance with the conditions of the notices of this Court with regard to acceptance of e-filing shall be made, without delay immediately upon resumption of normal physical functioning of the Court, and in any event within one month thereof. Learned counsel for the State states that he has no objection in this regard and the matter be taken up on merits in view of the stated urgency.

2. The petitioners apprehend their arrest for the

Patna High Court CR. MISC. No.25244 of 2020(3) dt.05-11-2020 2/3 offences alleged under Sections 323, 341, 342, 353, 506 and 34 of the Indian Penal Code, registered in connection with Sarsai P.S.Case No. 64 of 2020.

3. It is submitted that the petitioners have been falsely implicated on the accusation of assault on the police party when the latter had gone to resolve the land dispute between the petitioners' side and Md. Naushad. In any event, no injury has been sustained by the police party. The petitioners are accused in four prior cases which have all been lodged by the side of Md. Naushad.

4. Learned APP appears and has been heard.

5. Be that as it may, in the event of petitioners' arrest or surrender before court below within six weeks from the date of communication of this order, let the above named petitioners be released on bail on furnishing bail bond of Rs. 10,000/-(ten thousand) each with two sureties of the like amount each to the satisfaction of Sri Rohit Kumar, learned Judicial Magistrate, 1st Class, Purnea in connection with Sarsi P.S. Case No. 64 of 2020, subject to the conditions as laid down under Section 438(2) Cr. P.C. if they are not otherwise required in any other case.

6. Office shall follow-up to ensure that all defects are removed and compliance with the notices of this Court are made

Patna High Court CR. MISC. No.25244 of 2020(3) dt.05-11-2020 3/3 by the petitioner within the stipulated time provided in para 1 hereinabove, failing which the matter shall be brought to the notice of this Court.

(Vikash Jain, J) HR/- U T