Md. Nurul Haque @ Nurul Haque v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.51135 of 2025 Arising Out of PS. Case No.-101 Year-2024 Thana- LAUKAHI District- Madhubani ====================================================== 1.

Md. Nurul Haque @ Nurul Haque S/o- Late Md. Abdullah Village and P.S.- Laukhi Dist- Madhubani 2.

Md. Mahiuddin @ Md. Maduddin S/o- Late Md. Abdullah Village and P.S.- Laukhi Dist- Madhubani 3.

Md. Sirajuddin @ Md. Serajuddin S/o- Shafi Rahman Village and P.S.- Laukhi Dist- Madhubani 4.

Asif @ Md. Ashif S/o- Amanullah Village and P.S.- Laukhi Dist- Madhubani 5.

Md. Badiujjma S/o- Abdul Hasan Village and P.S.- Laukhi Dist- Madhubani ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Raj Kumar Prasad S/o- Late Yadunandan Prasad Village and PS- Laukhi Dist- Madhubani ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Baleshwar Kamat, Advocate For the Opposite Party/s :

Mr. Madhuri Lata, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY ORAL ORDER 11-08-2025 Heard learned counsel for the petitioners and the learned Additional Public Prosecutor for the State.

2. The petitioners are apprehending their arrest in a case registered for the offences punishable under Sections 420, 467, 471, 341, 506 and 34 of the Indian Penal Code.

3. As per the prosecution case, the informant has alleged that a land which fell into his share was fraudulently sold by the petitioners showing it to be their land in the year 2023 by a registered sale deed. It is further alleged that all the accused persons named in the FIR were involved in the said transaction. It is further alleged that

Patna High Court CR. MISC. No.51135 of 2025(2) dt.11-08-2025 2/3 the informant apprehended danger to his life on account of the Petitioners and others.

4. Learned counsel for the petitioners submit that petitioners are innocent and have falsely been implicated in this case. He further submits that the present case is out and out false and concocted case and a civil dispute has been given a criminal colour. It has been submitted by learned counsel that it is alleged that the petitioner has fraudulently executed a sale deed, however, it is a settled law that the sale deed can only be challenged before a competent Civil Court and the present case is apparently a malicious prosecution. Learned counsel lastly submits that the petitioners have clean antecedent.

5. The learned A.P.P. for the State has vehemently opposed the prayer for bail.

6. Considering the aforesaid submissions, the petitioners, above named, are directed to be released on anticipatory bail, in the event of arrest or surrender before the Court below within a period of four weeks from today, on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending/successor court in connection with Laukahi P.S. Case No. 101 of 2024, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure read with corresponding Section 482(2) of BNSS as well as subject to the following

Patna High Court CR. MISC. No.51135 of 2025(2) dt.11-08-2025 3/3 conditions:- (i) One of the bailors of the petitioners shall be their close relative.

(ii) The petitioners shall remain physically present in Court on each date of the trial.

(iii) In case of absence on two consecutive dates, or in violation of the terms of the bail, the bail bond of the petitioners will be liable to be cancelled by the Court concerned. (iv) If the petitioners are found involved in similar nature of offence in future, the prosecution shall be at liberty to move for cancellation of his bail bond.

(v) The learned Court below shall verify the criminal antecedent of the petitioners and in case at any stage it is found that the petitioners have concealed their criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioners. However, the acceptance of bail bonds in terms of the abovementioned order shall not be delayed for purpose of or in the name of verification.

7. Accordingly, the prayer for bail is allowed. (Sourendra Pandey, J) Siwani/- U T