Sainullah Rizwani And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.53870 of 2018 Arising Out of PS.Case No. -77 Year- 2018 Thana -MUFFASIL District- WESTCHAMPARAN (BETTIAH) ======================================================

1. Sainullah Rizwani, Son of Nasruddin Rizwani.

2. Mazhar Rizwani @ Mazhar Alam, Son of Aasim Mian

3. Hamid Mian, Son of Asique Mian.

4. Ibrahim Rizwani, Son of Nazir Rizwani

5. Rahim Rizwani @ Rahim, Son of Wazir Rizwani @ Vojir Miyan, all are residents of Village - Gurwalia Tunia Ansari Tola, Police Station - Manuapul, District - West Champaran.

.... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Brij Kishor Mishra For the Opposite Party/s : Mr. Arun Kumar Singh -5 ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 11-10-2018 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

The petitioners are apprehending their arrest in a case registered for the offences punishable under Sections 341, 323, 384, 386, 379 and 506/34 of the Indian Penal Code. Partition Suit No. 20 of 2017 is going on in the Court of learned Sub-Judge, Bettiah between the two family. In the aforesaid background, allegation is that the petitioners wanted to take forceful possession of the land of the informant and for that reason, there is general and omnibus allegation of commission of

Patna High Court Cr.Misc. No.53870 of 2018 (2) dt.11-10-2018 2/2 assault etc. and demand of ransom.

Considering the background of allegation and general and omnibus nature of allegation as well as statement of the petitioners on oath that they have got no criminal antecedent, let the petitioners, above named, in the event of their arrest or surrender before the Court below within a period of thirty days from the date of receipt of the order, be released on bail on furnishing bail bonds of Rs.20,000/- (rupees twenty thousand) each with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending in connection with Bettiah Muffasil (Manuapul) Police Station Case No. 77 of 2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure as well as condition that the petitioners shall fully cooperate with the investigation and trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioners. (Birendra Kumar, J) Kundan/Rajan U T