Garib Rishideo And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.18772 of 2016 Arising Out of PS.Case No. -433 Year- 2015 Thana -MADHEPURA District- MADHEPURA ======================================================

1. Garib Rishideo Son of Gyanchand Rishideo,

2. Baleshwar Rishideo Son of Jangal Rishideo,

3. Santosh Rishideo @ Santosh Kumar, Sons of Baleshwar Rishideo,

4. Rodi Rishideo, Son of Ram Prasad Rishideo,

5. Pappu Rishhideo Sono f Yogi Rishideo,

6. Ramanand Rishideo, Son of Rameshwar Rishideo,

7. Prabhu Rishideo, Son of Shatrughan Rishideo,

8. Saruf Rishideo, Son of Dashan Rishideo, All resident of village - Narsingbag, Police Station - Madhepura (Bharrahi O.P.), District - Madhepura.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Manoj Kumar For the Opposite Party/s : Mr. Anuradha Singh(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 02-05-2016 Heard learned counsels for the petitioners and the State.

The petitioners are apprehending arrest in a case registered for the offences punishable under Sections 147,148,341,323,427,379,504 and 506 of the Indian Penal Code.

The prosecution case is that on 29.7.2015 the informant was constructing house on his land then the petitioners along with others came variously armed,

Patna High Court Cr.Misc. No.18772 of 2016 (2) dt.02-05-2016 2/3 dragged the informant out of the house and the accused persons took away motorcycle and other house hold articles and put the house of the informant on fire. It is submitted by the learned counsel for the petitioners that in the background of land dispute the accusation has been levelled. The petitioners side lodged Madhepura (Bharrahi) P.S. Case No. 434 of 2015 with accusation under sections 147,148,149,323,436,379,504 and 506 IPC and section 3(1)(x) of the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act which was registered on 30.7.2015 and thereafter the present FIR was registered as a retaliatory measure. The injury has been found to be simple. Statement has been made in paragraph 3 of the petition that the petitioners have no criminal antecedent. It is further submitted that the accusation of litting fire to the house of the informant is omnibus and general.

Considering the aforesaid facts, let the above named petitioners be released on anticipatory bail in the event of arrest or surrender before the learned Court below within a period of twelve weeks from today on furnishing bail bond of Rs. 10,000/- (ten thousand) each

Patna High Court Cr.Misc. No.18772 of 2016 (2) dt.02-05-2016 3/3 with two sureties of the like amount each to the satisfaction of learned CJM, Madhepura in connection with Madhepura (Bharrahi OP) P.S. Case No.433 of 2015 subject to the conditions as laid down under Section 438(2) Cr.P.C. (Dinesh Kumar Singh, J) Anil/- U T