Basant Rishideo v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.8275 of 2020 Arising Out of PS. Case No.-152 Year-2019 Thana- SINGHESHWAR District- Madhepura ====================================================== BASANT RISHIDEO Son of Dinu Rishideo Resident of Village - Budhave, Ward No.11, P.S.- Singeshwar, Dist.- Madhepura. ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Dinesh Prasad Verma For the Opposite Party/s :

Dr.Mrityunjaya Kr.Gautam ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 28-02-2020 Heard learned counsel for the petitioner as well as learned Addl. Public Prosecutor for the State. Petitioner is apprehending his arrest in Singeshwar P.S. Case no. 152/2019 registered under sections 307, 504 and other allied section of the IPC.

Prosecution case alleges that altogether nine persons after entering into the courtyard of the informant abused and assaulted the informant. Specific allegation of assault upon head of the informant is attributed to co-accused Lalo Rishideo and Daya Ram. It further alleges that the informant had fallen on the ground on sustaining such injury and when his wife came to save him, petitioner had assaulted on her knee. Counsel for the petitioner submits that co-accused Lalo Rishideo and Daya Ram against whom allegation is corroborated by the injury report have been granted regular bail

Patna High Court CR. MISC. No.8275 of 2020(2) dt.28-02-2020 2/2 and allegation against the petitioner is not corroborated by any injury report. So he should be allowed bail.

Learned A.P.P. has opposed the prayer for bail. Considering the rival submissions, prayer for anticipatory bail is allowed.

In the event of arrest/ surrender within four weeks from the date of receipt of a copy of the order in the court below, petitioner shall be released on bail on furnishing bail bonds of Rs 10,000/- with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Madhepura in Singeshwar P.S. Case no. 152/2019 subject to the condition under section 438(2) Cr.P.C and other conditions.

(1) That one of the bailors will be a close relative of the petitioner who will give an affidavit giving genealogy as to how he is related with the petitioner. The bailor will also undertake to inform the Court if there is any change in the address of the petitioner.

(2) That the petitioner will be well represented on each date and if he fails to do so on two consecutive dates, his bail will be liable to be cancelled.

s.hassan/- (Madhuresh Prasad, J) U T