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Patna High CourtCR. MISC./54532/2021allowed

Md.Hesan @ Hesamuddin @Md. Hesamuddin v. The State Of Bihar

2022-07-11Mr. Justice Nawneet Kumar Pandey3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.54532 of 2021 Arising Out of PS. Case No.-233 Year-2021 Thana- FALKA District- Katihar ====================================================== 1.

MD.HESAN @ HESAMUDDIN @ MD. HESAMUDDIN SON OF LATE MD. MURSHID, RESIDENT OF VILLAGE- MORSANDA, P.S.- FALKA, DISTRICT- KATIHAR.

2.

MD. MUSTAK SON OF MD. HESAN @ HESAMUDDIN @ MD. HESAMUDDIN, RESIDENT OF VILLAGE- MORSANDA, P.S.- FALKA, DISTRICT- KATIHAR.

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 54932 of 2021 Arising Out of PS. Case No.-233 Year-2021 Thana- FALKA District- Katihar ====================================================== MD FAIZ RABBANI@ FAIZ RABBANI SON OF MD. JUBAIR @ ZUBAIR AHMAD, RESIDENT OF VILLAGE- MORSANDA P.S.- FALKA, DISTRICT- KATIHAR.

... ... Petitioner/s

Versus

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

(In CRIMINAL MISCELLANEOUS No. 54532 of 2021) For the Petitioner/s :

Mr.Pawan Kumar Singh For the Opposite Party/s :

Mr.Jai Narain Thakur (In CRIMINAL MISCELLANEOUS No. 54932 of 2021) For the Petitioner/s :

Mr.Pawan Kumar Singh For the Opposite Party/s :

Mr.Tarun Prasad Mandal ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 11-07-2022 The learned counsel for the petitioners is directed to remove all the defects, if any, pointed out by the office within one month.

Patna High Court CR. MISC. No.54532 of 2021(3) dt.11-07-2022 2/3 Heard the learned counsel for the petitioners as well as the learned Additional Public Prosecutor for the State. The petitioners apprehend their arrest in connection with Falka P.S. Case No. 233 of 2021 registered for offence punishable under sections 341, 323, 307, 504, 506/34 of the Indian Penal Code.

As per allegation, the accused persons, including the petitioners, came to the land of the informant, who asked them as to why they erased khesra-plot number and area from the revenue papers. The further allegation is that petitioner, Md. Faiz Rabbani inflicted rod blow on the head of the informant. The allegation against petitioners, Md. Hesan and Md. Mustak is that they assaulted the informant with fists and slaps. The learned counsel for the petitioners has submitted that both the parties are agnates. There is land dispute between the parties. The petitioners are the persons of clean antecedents and the injuries suffered by the informant are simple in nature. He has also submitted that petitioner, Md. Faiz Rabbani has also sustained injury in the counter case.

Considering the above-mentioned facts and circumstances, the petitioners above-named, in the event of their arrest or surrender, within four weeks from today, are directed

Patna High Court CR. MISC. No.54532 of 2021(3) dt.11-07-2022 3/3 to be released on bail on furnishing bail bonds of Rs.10,000/- each with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-III, Katihar in connection with Falka P.S. Case No. 233 of 2021, subject to condition 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 mentioned hereinabove, failing which, the matter shall be brought to the notice of this Court.

(Nawneet Kumar Pandey, J) Mahesh/- U T