Noorhasan Miyan @ Md. Noorhasan Alam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.84339 of 2019 Arising Out of PS. Case No.-377 Year-2019 Thana- MAJHAULIA District- West Champaran ====================================================== 1.

Noorhasan Miyan @ Md. Noorhasan Alam, S/o Late Makadum Miyan @ Makhadum Miyan, R/o Ahwar Shekh, P.S.- Majhaulia, District- West Champaran 2.

Majid Miyan, S/o Late Makadum Miyan @ Makhadum Miyan, R/o Ahwar Shekh, P.S.- Majhaulia, District- West Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bimlesh Kumar Pandey, Advocate For the Opposite Party/s :

Mr.Narendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 19-12-2019 Heard learned counsel for the petitioners and the learned counsel appearing on behalf of the State. The petitioners are apprehending their arrest in connection with Majhauliya P.S. Case No.377 of 2019 registered for the offence punishable under Sections 341, 323, 489, 379, 420, 384/34 of the Indian Penal Code. Learned counsel for the petitioners submits that admittedly, the land in question for which the parties were litigating are Gairmazaura land and the informant is under misconception that the land has now been settled by the C.O., which cannot be done and is wholly irregular. It is further submitted that if at all there is any dispute, the matter can be

Patna High Court CR. MISC. No.84339 of 2019(2) dt.19-12-2019 2/2 resolved at the level of C.O. himself and the F.I.R. is wholly uncalled for. It is further submitted that the allegations of attack are purely ornamental in nature and the complain of pain in the neck, which has been attributed to the attack by the petitioners, is false and frivolous. It is further submitted that the petitioners do not bear criminal antecedents.

In view of the aforementioned facts and circumstances, let the petitioners, above named, in the event of their arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Bettiah, West Champaran, in connection with Majhauliya P.S. Case No.377 of 2019, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Anjana Mishra, J) PNM U T