Rizwan @ Maulvi Rizwan @ Md. Rizwan And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.58372 of 2018 Arising Out of PS. Case No.-43 Year-2018 Thana- NARPATGANJ District- Araria ======================================================

1. Rizwan @ Maulvi Rizwan @ Md. Rizwan S/o Idrish

2. Soyeb @ Md. Soyeb S/o Idrish

3. Samsher @ Md. Samsher S/o Md. Hafajuddin All resident of Village Gokhalapur, P.S. Narpatganj, District Araria.

... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr. Anil Prasad Singh For the Opposite Party/s :

Mr. Abhay Kumar Roy ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 28-09-2018 Heard learned counsel for the petitioners and learned counsel for the State.

In this case, the petitioners are apprehending their arrest in connection with Narpatganj P.S. Case No. 43 of 2018 registered for offences under sections 341, 323, 379, 356(B), 325, 504, 506/34 of the Indian Penal Code.

An allegation has been made that the accused persons were digging the earth from the land of the Informant, on protest was made by the Informant, they abused him and gave threat of his killing. Later on, when he came with his supporters, the accused persons misbehaved with the female inmates.

Learned counsel for the petitioners submits that the

Patna High Court Cr.Misc. No.58372 of 2018(2) dt.28-09-2018 2/2 alleged offence has been committed on 18.01.2018 but the First Information Report has been lodged on 26.01.2018 and, there is delay of about seven days without any cogent explanation. Looking to the entire facts and circumstances of the case, let the petitioners, above named, in the event of their arrest or surrender before the court below within a period of four weeks from today, 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 Narpatganj P.S. Case No. 43 of 2018, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. as also subject to condition that whenever the police will call the petitioners for investigation/interrogation, they will remain present and if they would not present themselves, the privilege of grant of anticipatory bail shall be deemed to have been canceled.

(Shivaji Pandey, J) rishi/- U T