Bideshi Rajvanshi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.23263 of 2019 Arising Out of PS. Case No.-276 Year-2018 Thana- HISUWA District- Nawada ====================================================== 1.

BIDESHI RAJVANSHI Son of Bala Rajvanshi Resident of Village-Soiyapar Labarpura, P.S-Hisua, District-Nawada.

2.

Surendra Rajvanshi Son of Late Kari Rajvanshi Resident of VillageSoiyapar Labarpura, P.S-Hisua, District-Nawada. 3.

Rajo Rajvanshi Son of Late Hari Rajvanshi Resident of Village-Soiyapar Labarpura, P.S-Hisua, District-Nawada.

4.

Rajeev Kumar Son of Saryug Rajvanshi Resident of Village-Soiyapar Labarpura, P.S-Hisua, District-Nawada.

5.

Bipin Rajvanshi Son of Rajendra Rajvanshi Resident of Village-Soiyapar Labarpura, P.S-Hisua, District-Nawada.

6.

Anil Kumar Son of Manohar Rajvanshi Resident of Village-Soiyapar Labarpura, P.S-Hisua, District-Nawada.

7.

Chandan Kumar Son of Manoj Rajvanshi Resident of Village-Soiyapar Labarpura, P.S-Hisua, District-Nawada.

8.

Santu Kumar Son of Surendra Rajvanshi Resident of Village-Soiyapar Labarpura, P.S-Hisua, District-Nawada.

9.

Devi Lal Rajvanshi Son of Late Nando Rajvanshi Resident of VillageSoiyapar Labarpura, P.S-Hisua, District-Nawada. 10.

Viru Rajvanshi @ Biru Kumar Son of Lakhan Rajvanshi Resident of Village-Soiyapar Labarpura, P.S-Hisua, District-Nawada. ... ... Petitioners

Versus

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

For the Petitioner/s :

Mr.Anil Kumar No.1 For the Opposite Party/s :

Mr.Madhura Nand Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 21-06-2019 Petitioners seek bail in anticipation of their arrest in connection with Hisua P.S. Case No. 276 of 2018 registered for the offences punishable under Sections 302/34 of the Indian Penal Code.

Patna High Court CR. MISC. No.23263 of 2019(4) dt.21-06-2019 2/3 Allegation against the petitioners, who are 10 in numbers and named in the FIR along with other accused persons and several other unknown accused persons, were assaulting a thief and caused his death.

Submission of learned counsel for the petitioners is that altogether 24 persons are named in the FIR apart from 2030 unknown persons and no specific allegation has been attributed against any of the petitioners, rather it has come that villagers assaulted the thief.

Heard learned APP also, who has opposed the prayer for anticipatory bail stating that petitioners are named in the FIR and arrested persons disclosed their names regarding assaulting the thief.

In view of above facts and circumstances, let petitioners, in the event of arrest or surrender before the court below within a period of six weeks from the receipt of this order, be released on bail on furnishing bail bonds of Rs.25,000/- (Rupees twenty five thousand) each with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Nawada, in connection with Hisua P.S. Case No. 276 of 2018, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. and further condition is that one of

Patna High Court CR. MISC. No.23263 of 2019(4) dt.21-06-2019 3/3 the bailors of the petitioners shall be a local person having sufficient immoveable property within the jurisdiction of the court concerned.

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