IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.15965 of 2007 1. IRFAN AHMAD @ IRFAN AHMAD KHAN SON OF MAHFOOZ AHMAD KHAN 2. MAHFOOZ AHMAD KHAN SON OF LATE ABDUL KHAIR KHAN, BOTH RESIDENT OF MOHALLA AGARWA GOPALPUR, POLICE STATION MOTIHARI TOWN, DISTRICT EAST CHAMPARAN …. PETITIONERS Versus 1. THE STATE OF BIHAR 2. SHAHID AHMAD KHAN SON OF MASHOOQUE AHMAD KHAN @ LADDU BABU, RESIDENT OF MOHALLA AGARWA GOPALPUR, POLICE STATION MOTIHARI TOWN, DISTRICT EAST CHAMPARAN … OPP. PARTIES With Cr.Misc. No.54941 of 2007 1. MASHOOQUE AHMAD KHAN SON OF LATE ABUL KHAIR KHAN 2. SHAHID AHMAD KHAN SON OF MASHOOQUE AHMAD KHAN 3. SAJID AHMAD KHAN SON OF MASHOOQUE AHMAD KHAN 4. AFTAB ALAM @ JUTTOO SON OF MAZHARUL ALAM, ALL RESIDENT OF MOHALLA AGARWA GOPALPUR, POLICE STATION MOTIHARI TOWN, DISTRICT EAST CHAMPARAN …. PETITIONERS Versus 1. THE STATE OF BIHAR 2. MAHFOOZ AHMAD KHAN SON OF ABUL KHAIR KHAN, RESIDENT OF MOHALLA AGARWA GOPALPUR, POLICE STATION MOTIHARI TOWN, DISTRICT EAST CHAMPARAN ….. OPP. PARTIES ----------- In Cr.Misc.No.15965 of 2007 For the Petitioners : Mr. Md. Naushaduzzoha, Advocate For the State : Mr. Chandra Sen Pd. Singh, A.P.P. For the Opp. Party : Mr. Deepak Kumar Singh, Advocate In Cr.Misc.No.54941 of 2007 For the Petitioners : Md. Sharjeel Mohammad Hashmi, Advocate For the State : Dr. Mayanand Jha, A.P.P. For the Opp. Party : Mr. Naushaduzoha, Advocate -------- 7. 10.5.2011 Heard the Counsel for the parties in both the applications. The petitioners of the two cases are related to each other and there is dispute over a piece of land which is leading to filing of criminal cases. The opposite party no.2 in Cr.Misc.No.15965 of 2007 has filed a title suit with respect to the land in question, whereas it is submitted on - 2 - behalf of the petitioner Irfan Ahmad @ Irfan Ahmad Khan that the partition deed would indicate that the lands in question have been allocated to the share of the petitioners. In the facts aforesaid, this Court finds no reason to interfere with the order of cognizance in both the cases as prima facie case is made out in the two complaints. Both the applications are dismissed. Narendra/ ( Sheema Ali Khan, J. )