Rishikesh Kumar And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.14545 of 2019 Arising Out of PS. Case No.-71 Year-2018 Thana- SIKARHATTA District- Bhojpur ====================================================== 1.

RISHIKESH KUMAR 2.

Mukesh Kumar Both are sons of Lal Babu Singh, Resident of Village - Lachchidih, P.s.- Imadpur, Distt.- Bhojpur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Binod Bihari Singh For the Opposite Party/s :

Mr.Anuj Kumar Shrivastava ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 08-03-2019 Heard the parties.

The petitioners are apprehending their arrest in connection with Sikarahata P.S.Case no.71 of 2018 , registered for offences punishable under Sections 147, 148, 149, 302, 307, 326, 120B, 427 of the Indian Penal Code and Section 27 of the Arms Act.

Allegation as per FIR is that the petitioner and other accused persons 40-50 in number damaged the shops of the informant and they were armed with rifle and country-made pistol and made indiscriminate firing. There is allegation that Lal Bihari Singh made firing from his pistol causing injury to Binod Sharma and later on who died in the hospital.

Patna High Court CR. MISC. No.14545 of 2019(2) dt.08-03-2019 2/2 Submission of the learned counsel for the petitioners is that at the time of hearing on anticipatory bail application, affidavits have been filed by the brother, wife and other relations of the deceased and stated that the petitioners have no hands in that and they have been falsely implicated in this case and the informant has stated that he does not know anything and he has only signed the paper on which fardbeyan was recorded. Heard learned A.P.P. also.

Having heard both sides and considering the above facts , let the petitioners, above named, surrender before the court below within a period of six weeks from the date of order and on surrender he will be released on bail on furnishing bail bond of Rs.25,000/- (Twenty Five Thousand) each with two sureties in connection with Sikarahata P.S.case No.71 of 2018, subject to condition as laid down under Section 438 (2) of the Code of Criminal Procedure.

With the aforesaid observation, this application is allowed.

chn/- (Vinod Kumar Sinha, J) U T