Birendra Rishidev @ Viren Rishidev v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.25056 of 2026 Arising Out of PS. Case No.-213 Year-2025 Thana- MAHALGAON District- Araria ====================================================== 1.
Birendra Rishidev @ Viren Rishidev Son of Surati Rishidev Resident of Village- Malharia Tola, Rahika, Ward No. 01, P.S.- Mahalgaon, DistrictAraria 2.
Prakash Rishidev Son of Surati Rishidev Resident of Village- Malharia Tola, Rahika, Ward No. 01, P.S.- Mahalgaon, District- Araria 3.
Akhilesh Rishidev Son of Surati Rishidev Resident of Village- Malharia Tola, Rahika, Ward No. 01, P.S.- Mahalgaon, District- Araria 4.
Krityanand Rishidev Son of Late Chichai Rishidev Resident of VillageMalharia Tola, Rahika, Ward No. 01, P.S.- Mahalgaon, District- Araria 5.
Shankar Rishidev @ Shankar Kumar Rishidev Son of Kriytanand Rishidev Resident of Village- Malharia Tola, Rahika, Ward No. 01, P.S.- Mahalgaon, District- Araria 6.
Sikandar Rishidev Son of Gulab Chand Rishidev Resident of VillageMalharia Tola, Rahika, Ward No. 01, P.S.- Mahalgaon, District- Araria 7.
Niraj Rishidev Son of Gulab Chand Rishidev Resident of Village- Malharia Tola, Rahika, Ward No. 01, P.S.- Mahalgaon, District- Araria 8.
Chandan Rishidev Son of Late Sukhdev Rishidev Resident of VillageMalharia Tola, Rahika, Ward No. 01, P.S.- Mahalgaon, District- Araria 9.
Vikky Rishidev Son of Chandan Rishidev Resident of Village- Malharia Tola, Rahika, Ward No. 01, P.S.- Mahalgaon, District- Araria 10.
Jiwachh Rishidev Son of Rajendra Rishidev Resident of Village- Malharia Tola, Rahika, Ward No. 01, P.S.- Mahalgaon, District- Araria ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Mukesh Kumar Rana, Advocate.
For the Opposite Party/s :
Mr. Jai Narain Thakur, APP.
For the Informant :
Mr. Pankaj Kumar Jha, Advocate.
Mr. Vijay Kishore Bharti, Advocate.
===================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 22-04-2026 Heard learned counsel appearing on behalf of the petitioners, learned counsel for the informant and learned APP
2/4 for the State.
2. The petitioners seek pre-arrest bail in connection with Mahalgaon P.S. Case No. 213 of 2025 registered for the offence punishable under Sections 191(2), 191(3), 190, 126(2), 115(2), 117(2), 118(1), 109, 76, 303(2) and 324(4) of the BNS.
3. As per the allegations made in the F.I.R., all the petitioners, along with other accused persons, are alleged to have assaulted the informant and his family members, causing injuries to them. It is further alleged that they outraged the modesty of the female members of the family and also snatched away gold ornaments.
4. Learned counsel appearing on behalf of the petitioners submits that the petitioners are innocent and have committed no offence as alleged in the F.I.R. It is further submitted that the allegations levelled against them are general and omnibus in nature, without any specific attribution of overt acts. Learned counsel also contends that the injuries sustained by the alleged victims are simple in nature. It is further pointed out that there exists a case and counter-case between the parties, indicating a dispute arising out of prior enmity.
5. Learned counsel for the informant and Learned APP for the State have vehemently opposed the prayer for grant
3/4 of pre-arrest bail to the petitioners.
6. Considering the nature of allegation against petitioner nos. 4, 5, 6, 7, 9 and 10 to be general and omnibus, they are directed to be released on pre-arrest bail, in the event of their arrest or surrender before the Court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of learned SDJM, Araria in connection with Mahalgaon P.S. Case No. 213 of 2025, subject to the condition as laid down under Section 438(2) Cr.P.C / 482(2) BNSS.
7. So far as petitioner nos. 1, 2, 3 and 8 are concerned, the learned District Court is directed to verify whether any cases have been instituted against any of the said petitioners by government officials on allegations of tampering with government records at different Circle Offices. The conduct of the informant also does not appear to be sound and is required to be taken into account while considering the matter.
8. In view of the aforesaid, the order dated 24.02.2026, in respect of petitioner nos. 1, 2, 3 and 8, is modified to the extent that they shall be released on pre-arrest bail, subject to verification of their antecedents and upon
4/4 obtaining requisite information from the concerned Circle Offices with regard to tampering of records.
9. The District Court is directed to verify the criminal antecedent of the petitioners and if it is found that the petitioners are involved in some other cases as what has been stated in Para-3 of the bail petition, this order will automatically lose its force.
10. The bail application stands disposed of.
(Purnendu Singh, J) mantreshwar/- U T