Ekbal Hasan And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.36561 of 2016 Arising Out of PS.Case No. -158 Year- 2015 Thana -PIPRAKOTHI DistrictEASTCHAMPARAN(MOTIHARI) ======================================================
1. Ekbal Hasan, son of Abdul Karim
2. Aarju @ Aarju Hasan son of Ekbal Hasan
3. Aasif son of Ekbal Hasan
4. Hashim @ Md. Assim @ Aasim son of Ekbal Hasan
5. Gani @ Md. Gani Son of Ekbal Hasan All Resident of villageJiwadhara Police Station- Pipra Kothi, District- East Champran .... .... Petitioners
Versus
The State of Bihar .... .... Opposite Party ====================================================== Appearance :
For the Petitioner/s : Mr. Madhurendra Kumar, Advocate For the Opposite Party/s : Mr. Ganesh Prasad Singh, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 16-09-2016 Heard learned counsel for the petitioners and the learned A.P.P. for the State.
The petitioners apprehend their arrest in connection with Pipra Kothi P.S. Case No. 158 of 2015, registered under Sections 147, 149, 341, 323, 324, 307, 354, 436 and 504 of the Indian Penal Code. The allegation of informant Ashgar Ansari is that petitioner no.1 Ekbal Hasan got executed sale deed of four dhoors from his brother Rahman Ansari, which was the share of the informant. Thereafter, Ekbal Hasan started demanding ransom of Rs. 5,00,000/- to claim over the said land and also threatened for dire consequence. On 04.12.2015 at 2.00 P.M. all the petitioners came variously armed with weapon and gave sword blow at his head and
Patna High Court Cr.Misc. No.36561 of 2016 (2) dt.16-09-2016 2/2 other unknown also caused injury to him, when the informant fell down then brother of the informant Saukat Ali came to rescue him then petitioner Aashif assaulted him through farsa. Learned counsel for the petitioners submits that admittedly there is land dispute and due to that reason occurrence of Marpit took place in which petitioner no.1 also sustained injury regarding which Pipra Kothi P.S. Case No. 156 of 2015 was instituted under Sections 147, 149, 341, 323, 324, 307, 435, 379, 448, 504/427 of I.P.C. Moreover, after completion of the investigation Chargesheet has already been submitted and cognizance has been taken under Sections 147, 149, 323, 354, 435 & 504 of I.P.C in the present case.
Having regard to the facts and circumstances of the case, let the above named petitioners, be released on bail, in the event of their arrest or surrender before the learned Court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, East Champaran at Motihari in connection with Pipra Kothi P.S. Case No. 158 of 2015, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.
(Rajendra Kumar Mishra, J) manish/- U T