Murtuja Hawari vs The State Of Bihar
2021 Latest Caselaw 4063 Patna

           IN THE HIGH COURT OF JUDICATURE AT PATNA
                    CRIMINAL MISCELLANEOUS No.4809 of 2021
        Arising Out of PS. Case No.-193 Year-2019 Thana- ADAPUR District- East Champaran
      ======================================================

1. Murtuja Hawari, aged about 35 years, Male, son of Almiuddin Hawari,

2. Sabir Hawari, aged about 26 years, Male, son of Sarmullah Hawari,

3. Jakir Hawari, aged about 41 years, Male, son of late Jitu Hawari.

4. Saddam Hawari, aged about 28 years, Male, son of Sarmullah Hawari.

All resident of Village - Jamunbhar, P.S. - Adapur, District - East Champaran ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Jitendra Kumar, Advocate For the State : Mr. Bal Mukund Prasad Sinha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT Date : 10-08-2021

The matter has been heard via video conferencing.

2. The case has been taken up out of turn on the basis

of motion slip filed by learned counsel for the petitioner on

04.08.201, which was allowed.

3. Heard Mr. Jitendra Kumar, learned counsel for the

petitioners and Mr. Bal Mukund Prasad Sinha, learned

Additional Public Prosecutor (hereinafter referred to as the

'APP') for the State.

4. Learned counsel for the petitioners submitted that

he would remove the defect(s) as pointed out in the Stamp

Reporting within one week from today. Let the same be done.

5. Learned counsel for the petitioners submitted that

he may permitted to withdraw the petition on behalf of the Patna High Court CR. MISC. No.4809 of 2021 dt.10-08-2021

petitioner no. 4, namely, Saddam Hawari, as he has been

arrested.

6. In view thereof, as prayed for by learned counsel

for the petitioners, the petition on behalf of the petitioner no. 4,

Saddam Hawari, stands disposed off as withdrawn and is

restricted to petitioners no. 1, 2 and 3, namely, Murtuja Hawari,

Sabir Hawari and Jakir Hawari respectively.

7. The petitioners no. 1, 2 and 3 apprehend arrest in

connection with Adapur PS Case No. 193 of 2019 dated

12.08.2019, instituted under Sections 341, 323, 324, 307 and

302/34 of the Indian Penal Code.

8. The allegation against the petitioners no. 1, 2 and 3

is that, they along with others, assaulted the informant and his

family members with lathi, danda and rod and further, against

co-accused, Kaushar Hawari and Mustafa Hawari, of having

assaulted Tahir Mian with farsa and iron rod respectively

causing his death.

9. Learned counsel for the petitioners no. 1, 2 and 3

submitted that the parties are agnates and there is also a counter

case for the same incident which happened due to property

dispute. It was submitted that there is only general and omnibus

allegation of assault against the petitioners no. 1, 2 and 3 and the Patna High Court CR. MISC. No.4809 of 2021 dt.10-08-2021

specific allegation of assault on the deceased Tahir Mian, is

against co-accused Kaushar Hawari and Mustafa Hawari, who

are not the petitioners herein. Learned counsel submitted that

the father of the petitioner no. 1 also died in the incident.

Further, it was submitted that the petitioners have no criminal

antecedent. Learned counsel submitted that the allegation

against the petitioners no. 1, 2 and 3 is that they assaulted the

family members of the informant with lathi, danda, rod, but no

injury report has been brought on record.

10. Learned APP submitted that one person each has

died from both the sides and the incident was serious. However,

he did not controvert the fact that the deceased, Tahir Mian, is

said to have been assaulted specifically by co-accused, Kaushar

Hawari and Mustafa Hawari, who are not before the Court in the

present petition.

11. Having considered the facts and circumstances of

the case and submissions of learned counsel for the parties, in

the event of arrest or surrender before the Court below within

six weeks from today, the petitioners no. 1, 2 and 3, namely,

Murtuja Hawari, Sabir Hawari and Jakir Hawari be released on

bail upon furnishing bail bonds of Rs. 25,000/- (twenty five

thousand) each with two sureties of the like amount each to the Patna High Court CR. MISC. No.4809 of 2021 dt.10-08-2021

satisfaction of the learned Sub Divisional Judicial Magistrate,

Raxaul, East Champaran, at Motihari, in Adapur PS Case No.

193 of 2020, subject to the conditions laid down in Section

438(2) of the Code of Criminal Procedure, 1973 and further (i)

that one of the bailors shall be a close relative of the petitioners

no. 1, 2 and 3, (ii) that the petitioners no. 1, 2 and 3 and the

bailors shall execute bond and give undertaking with regard to

good behaviour of the petitioners no. 1, 2 and 3, and (iii) that the

petitioners no. 1, 2 and 3 shall cooperate with the Court and the

police/prosecution. Any violation of the terms and conditions of

the bonds or the undertaking or failure to cooperate shall lead to

cancellation of their bail bonds.

12. It shall also be open for the prosecution to bring

any violation of the foregoing conditions of bail by the

petitioners no. 1, 2 and 3, to the notice of the Court concerned,

which shall take immediate action on the same after giving

opportunity of hearing to the petitioners no. 1, 2 and 3.

13. The petition stands disposed of in the

aforementioned terms.

(Ahsanuddin Amanullah, J) J. Alam/-

AFR/NAFR U T