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Patna High CourtCR. MISC./34739/2017bail granted

Rikesh Kumar @ Rikesh Singh And ORS v. The State Of Bihar

2017-10-17Mr. Justice Jitendra Mohan Sharma3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.34739 of 2017 Arising Out of PS.Case No. -198 Year- 2016 Thana -NASRIGANJ District- SASARAM (ROHTAS) ======================================================

1. Rikesh Kumar @ Rikesh Singh S/O Hari Narayan Singh

2. Ajay Singh S/o Late Nepal Singh

3. Dhiraj Singh @ Nakharu Singh Son of Shyam Narayan Singh

4. Bijali Singh S/O Chandradeo Singh, All residence of Village- Saraw, P.S. Nasriganj, District- Rohtas.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Surendra Kumar Mishra For the Opposite Party/s : Smt. Veena Rani Prasadd. ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 17-10-2017 Heard the learned counsel for the petitioners as well as the learned A.P.P. for the state.

In this application for anticipatory bail the petitioners apprehend their arrest in connection with Nasriganj P.S. Case No. 198 of 2016 for the offences punishable under sections 147, 337, 353, 504, 506, 436 and 511 of the I.P.C.

The learned counsel for the petitioners submits that petitioner no.4 Hari Narayan Singh has been arrested and as such prayer has been made to withdraw his prayer for pre-arrest bail. Prayer is accepted and pre-arrest bail of petitioner no.4 Hari Narayan Singh is dismissed as withdrawn.

Patna High Court Cr.Misc. No.34739 of 2017 (3) dt.17-10-2017 2/3 Allegedly, the informant and other police personnel made search of the house of petitioner no.3 but during search theft motorcycle was not found and thereafter as soon as the police personnel came out of the house the petitioners and 50-60 others came, started shouting slogans against the police and further surrounded the police jeep and started throwing soil and cow-dug and others tried to burn the vehicle, but due to intervention of some people they came out from the crowed.

Submission is of false implication and that no damage has been caused to the vehicle, no injury has been caused to any one and only with an oblique motive the petitioners have been implicated without any fault and as such the petitioners deserve sympathetic consideration.

The learned A.P.P. opposes prayer for pre-arrest bail of the petitioners by submitting that the petitioners made altercation with the police force and tried to burn the vehicle. In the facts and circumstances stated above, the petitioners, in case of their arrest or surrender within a period of four weeks from the date of receipt/production of a copy of this order, shall be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of Sub-Judge, 1st - Cum- A.C.J.M.

Patna High Court Cr.Misc. No.34739 of 2017 (3) dt.17-10-2017 3/3 Bikramganj in connection with the aforementioned case, subject to the condition as laid down under section 438 (2) of the Cr.P.C. (Jitendra Mohan Sharma, J) Abhay/- U T