Reyaz Khan @ Reyazuddin Khan And ORS v. The State Of Bihar

Patna High Court Cr.Misc. No.56479 of 2017 (2) dt.06-12-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.56479 of 2017 Arising Out of PS.Case No. -1 Year- 2017 Thana -DHAKA DistrictEASTCHAMPARAN(MOTIHARI) ======================================================

1. Reyaz Khan @ Reyazuddin Khan, S/o Hadis Khan,

2. Irshad Khan, S/o Jalil Khan,

3. Dr. Sohaib Khan @ Dr. Soaib Khan @ Soaib Khan, S/o Late Jalil Khan,

4. Firoj Khan, S/o Late Hafiz Khan,

5. Rahmatullah Khan @ Rahmatulla Khan, S/o Late Osal Khan,

6. Aurangjeb Khan @ Auranjeb Khan, S/o Hasib Khan, All resident of Village- Pandari, P.S.- Dhaka, District- East Champaran. .... .... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s : Mr. Zaki Haider, Advocate. For the Opposite Party/s : Mr. Dr. Indiwar Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 06-12-2017 Heard learned counsel for the petitioners and the learned A.P.P. for the State.

The petitioners apprehend their arrest in connection with Dhaka P.S. Case No. 01 of 2017, registered under Sections 147, 148, 149, 341, 504, 323, 325, 435, 436 and 307 of the Indian Penal Code and Section 27 of the Arms Act.

The accusation is that in course of patrolling duty the informant came to know that scuffle is going on in between the present Mukhiya Akhtar Khan and Ex-Mukhiya Reyaz Khan due to election rivalry and cutting of Sisam tree. On such information,

Patna High Court Cr.Misc. No.56479 of 2017 (2) dt.06-12-2017 he along with other police official reached at village Pandava and saw that 20 persons named in the F.I.R. including the petitioners were scuffling and made firing, in which, Vais Dewan, Jamshed Dewan and others sustained injury.

Learned counsel for the petitioners submits that while the petitioners are named in the F.I.R. along with 16 others but no specific overt act has been attributed against them. Further submission is that petitioners have no criminal antecedent. Having regard to the facts and circumstances of the case, let the above named petitioners be released on bail, in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the S.D.J.M., Sikrahana at Dhaka, East Champaran, in connection with Dhaka P.S. Case No. 01 of 2017, subject to the condition as laid down under Section 438(2) of the Cr.P.C.

(Rajendra Kumar Mishra, J) Bhardwaj/- U T