Hasan Ekwal @ Md. Hasan Equebal v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.36771 of 2022 Arising Out of PS. Case No.-38 Year-2020 Thana- JOKIHAT District- Araria ====================================================== 1.
HASAN EKWAL @ MD. HASAN EQUEBAL SON OF ABU SALEH R/O VILLAGE- KAKORWA, P.S.- PALASI, DISTRICT- ARARIA 2.
MD. MOHTASIM SON OF LATE TAHA R/O VILLAGE- KAKAN, P.S.- JOKIHAT, DISTRICT- ARARIA 3.
SHAHNAZ @ SHAHNAWAZ WIFE OF LATE TAHA R/O VILLAGEKAKAN, P.S.- JOKIHAT, DISTRICT- ARARIA 4.
NAJIB @ MD. NAJIB SON OF LATE JAKIR R/O VILLAGEPATHRABARI, P.S.- JOKIHAT, DISTRICT- ARARIA ... ... Petitioner/s
Versus
1. THE STATE OF BIHAR
2. WAFA HASSAN s/o Md. Sajidur Rahman R/o Village Kakan, P.S. Jokihat, District-Araria ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Nafisuzzoha For the Opposite Party/s :
Mr.Prem Kumar Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 11-01-2023 Learned counsel for the petitioners is directed to remove all the defects pointed out by the Stamp Reporter within one month.
Heard learned counsel for the petitioners as well as the learned APP for the State. None appeared on behalf of the informant, despite the fact that the brother of the informant has received the notice.
The petitioners apprehend their arrest in connection with Jokihat P.S. Case No. 38 of 2020, registered for the offences punishable under Sections 341, 323, 420, 467, 471,
Patna High Court CR. MISC. No.36771 of 2022(10) dt.11-01-2023 2/2 385, 504, 506/34 of the Indian Penal Code.
Learned counsel for the petitioners has submitted that the informant has constructed his house over the land in dispute. He has also submitted that no dispute remains between the parties as they have compromised. The xerox copy of compromise petition has been filed with jointness affidavit. Considering the above-mentioned facts and circumstances, let the petitioners, in the event of their arrest or surrender within four weeks before the learned court below, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Araria in connection with Jokihat P.S. Case No. 38 of 2020, subject to the conditions as laid down under Section 438(2) Cr.P.C. Office shall ensure that all defects are removed by the petitioners within the stipulated time provided in para-1 hereinabove, failing which the matter shall be brought to the notice of this Court.
(Nawneet Kumar Pandey, J) SONALI/- U T