IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.35209 of 2008 1. Parwesh Tiwari @ Parmesh Tiwary 2. Sudhir Tiwari @ Sudhir Kumar Tiwari 3. Sripati Tiwari 4. Dharmveer Tiwari 5. Chintu Tiwari All sons of late Baldeo Tiwari 6. Parashnath Tiwari 7. Pasupati Nath Tiwari Both sons of Bishundeo Tiwari 8. Bikash Kumar Tiwari 9. Chandan Kumar Tiwari Both sons of Parasnath Tiwari 10. Abhinandan Tiwari @ Bara Babu 11. Meghanand Kumar Tiwari @ Chhotu Babu Both sons of Pasupati Nath Tiwari, All residents of village Tiwari Tola, PS Saharsa, District Saharsa --- Petitioners Versus 1. The State Of Bihar. 2. Bhogendra Choudhary, Son of late Raghu Choudhary, Resident of village Tiwari Tola, Ward No. 24, PS Saharsa, District Saharsa. ---- Opposite Parties For the petitioners : Md. Sufian, Advocate For the State : Mr. A.M.P. Gupta, A.P.P. For the O.P. : Mr. Krishna Prasad Singh, Sr. Advocate Mr. Manish Kumar No., Advocate Mr. B. Shankar, Advocate ----------- 2 13.7.2011 Heard learned counsel for the petitioners and the counsel appearing on behalf of the State. The petitioners are aggrieved by the order taking cognizance on the ground that there is only specific allegation against four of the accused persons named in the First Information Report, whereas against other there is a general and omnibus allegation. It is further submitted that a Title suit is pending between the petitioner no. 1 and the informant of the case, and as such the police had rightly submitted final form exonerating the petitioners from the said offence. The Court has differed with the 2 final form and taken cognizance of the offences against all 11 persons on the ground that there allegations are supported by some of the witnesses in the case diary. In view of the aforesaid facts, a prima facie case is made out against the petitioners, and as such there is no ground for interfering with the order of cognizance. The petitioners would have the liberty to satisfy the Trial Court at the appropriate stage regarding the allegations made against them. This application is dismissed. Sanjay ( Sheema Ali Khan, J.)