Pradeep Rishideo v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.3371 of 2020 Arising Out of PS. Case No.-495 Year-2019 Thana- FORBESGANJ District- Araria ====================================================== 1.
Pradeep Rishideo S/O Raghu Rishideo Resident of Village - Pachhiyari Jhirwa, Ward No.-08, P.S.- Simraha, District - Araria. 2.
Hira Rishideo @ Hira Nand Rishideo S/O Late Pirthvi Rishideo Resident of Village - Pachhiyari Jhirwa, Ward No.-08, P.S.- Simraha, District - Araria. 3.
Baleshwar Rishideo @ Baleshar Rishideo S/O Late Chhoti Rishideo Resident of Village - Pachhiyari Jhirwa, Ward No.-08, P.S.- Simraha, District - Araria.
4.
Hare Ram Rishideo S/O Late Ganeshi Rishideo Resident of Village - Pachhiyari Jhirwa, Ward No.-08, P.S.- Simraha, District - Araria. 5.
Sakhichand Rishideo S/O Late Hazari Rishideo Resident of Village - Pachhiyari Jhirwa, Ward No.-08, P.S.- Simraha, District - Araria. 6.
Birendra Rishideo @ Biren Rishideo S/O Budhan Rishideo Resident of Village - Pachhiyari Jhirwa, Ward No.-08, P.S.- Simraha, District - Araria. 7.
Gujai Rishideo S/O Late Kalu Rishideo Resident of Village - Pachhiyari Jhirwa, Ward No.-08, P.S.- Simraha, District - Araria. ... ... Petitioner/s
Versus
The State of Bihar ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Mukesh Kumar Rana For the Opposite Party/s :
Mr.Sanjay Kumar Tiwary ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 05-03-2020 Heard learned counsel for the petitioners and learned APP for the State.
The instant application for anticipatory bail has been filed by the petitioners apprehending their arrest in connection with Forbesganj(Simraha) P.S. Case No.495 of 2019, registered for the offence punishable under sections 447, 188, 296, 353, 120B and 34 of the Indian Penal Code.
As per allegation in the F.I.R, the accused persons including the seven petitioners herein are stated to have made huts on a vacant piece of land which was utilized for prayers. It
Patna High Court CR. MISC. No.3371 of 2020(2) dt.05-03-2020 2/2 was stated that the said huts were removed but once again after some time they reconstructed their huts, thus causing tension between two communities. It is stated that proceedings under section 107 and 144 of the Cr.P.C. have also been carried out. It is submitted by learned counsel for the petitioners that the petitioners are landless persons. There is no allegation of any overt act etc. against them. It is submitted that as a result of being landless they constructed house on the vacant piece of land.
Having heard learned counsel for the parties and in the facts and circumstances of the case as stated above, this Court is inclined to enlarge the petitioners on bail. The petitioners are directed to surrender in the Court below within a period of six weeks from today and in the event of their arrest or surrender in connection with Forbesganj(Simraha) P.S. Case No.495 of 2019, they will be enlarged on bail on furnishing bail bond of Rs 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned C.J.M., Araria subject to the conditions as laid down in section 438 (2) of Criminal Procedure Code.
(Partha Sarthy, J) Bibhash/- U T