Md Mehadi Hussain v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.67266 of 2023 Arising Out of PS. Case No.-731 Year-2019 Thana- SUPAUL District- Supaul ====================================================== MD MEHADI HUSSAIN S/O- LATE SEIKH YASIM R/O- VILLAGECHAK DUMARIYA PUNARAWAS, WARD NO. 10, P.O.- PIPRA KHURD, P.S.- SUPAUL, DIST.- SUPAUL ... ... Petitioner/s

Versus

THE STATE OF BIHAR BIHAR, PATNA ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Amrit Abhijat For the Opposite Party/s :

Mr.Awadhesh Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 19-10-2023 Heard learned counsel for the petitioner and learned counsel for the State.

Petitioner apprehends arrest in connection with Supaul P.S. Case No. 731 of 2023 registered for the offence under sections 447, 353/34 of the Indian Penal Code. Learned counsel for the petitioner submits that petitioner has not committed any offence as alleged in the first information report and he has been falsely implicated in this case. Petitioner was allotted land in Layout Nos. 15 and 16 but due to mistake he started residing in Layout No. 74, as is evident from Annexure-2. It is further submitted that the State Government has clarified that the displaced persons who have settled in different plot from the plot originally settled will be

Patna High Court CR. MISC. No.67266 of 2023(2) dt.19-10-2023 2/2 allotted the same plot, as is evident from Annexure-3. Petitioner was settled 13 decimals of land in Layout No. 74, however the certificate issued in favour shows that only 6 decimals of land is settled in his favour in in Layout No. 74, as is evident from Annexure-4. In connection with encroachment on his land, petitioner represented the matter before the authorities vide Annexure-5 and in retaliation the informant has filed the present false case. Petitioner has no criminal antecedent. Considering the facts and circumstances of the case and the submissions advanced on behalf of the parties, the petitioner, above named, in the event of arrest or surrender within a period of four weeks from today, is directed to be released on bail on furnishing personal bond to the satisfaction of Chief Judicial Magistrate, Supaul in connection with Supaul P.S. Case No. 731 of 2023 subject to the conditions as laid down under section 438(2) of the Code of Criminal Procedure. (Arvind Srivastava, J) utkarsh/- U T