Md. Sarfaraj @ Md. Sarfaraj Alam @ Sarfaraj And ANR v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No. 59973 of 2018 Arising Out of PS. Case No.-955 Year-2017 Thana- Khagaria Compalint Case DistrictKhagaria ====================================================== 1.

Md. Sarfaraj @ Md. Sarfaraj Alam @ Sarfaraj, Son of Md. Rashid @ Md. Rashid Alam 2.

Md. Rashid @ Md. Abdur Rasid, Son of Md. Alim, Both are resident of Village - Ranginiya, Police Station - Simri Bakhtiyarpur, District - Saharsa.

... ... Petitioners

Versus

1.

The State of Bihar 2.

Md. Sajid, Son of Late Sahamatt, Resident of Village - Devari, P.S. - Parbatta, District - Khagaria.

... ... Opposite Parties ====================================================== Appearance :

For the Petitioner/s :

Sri Udit Narayan Singh Mr.Ranjeet Choubey For the Opposite Party/s :

Mr. Binod Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 4.

05-03-2019 Heard Sri Udit Narayan Singh, learned counsel assisted by Sri Ranjeet Choubey, learned counsel for the petitioners and Sri Binod Kumar, learned counsel appearing on behalf of complainant/opposite party no. 2.

Sri Singh, learned counsel for the petitioners submits that since the petitioners and the complainant were involved in the business of cattle and there was dispute, a false case was instituted from the complainant side against the petitioners. He further submits that though, allegation has been made that petitioners had provided forged visa, but fact remains that in the

Patna High Court CR. MISC. No.59973 of 2018(4) dt.05-03-2019 2/2 complaint, it was alleged that forged visa of Oman was issued, but alongwith complaint petition, no such forged visa has been brought on record. He further submits that complainant had not stated that from which source, the complainant had obtained such forged visa, whereas, Sri Binod Kumar, learned counsel for the complainant submits that before the court below, forged visa has already been submitted, which was handed over by the petitioners.

In normal course, such allegation was required to be thoroughly investigated by an investigating agency, but since after inquiry, the learned court below has already taken cognizance, this Court is refraining from passing any order on this issue, but in any event, it is not a case for grant of anticipatory bail.

Dismissed.

(Rakesh Kumar, J.) anay U T