Sukhai Risideo And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.49704 of 2016 Arising Out of PS.Case No. -399 Year- 2016 Thana -FORBESGANJ District- ARRARIA ======================================================
1. Sukhai Risideo Son of Chintu Risideo
2. Udranand Risideo Son of Chintu Risideo
3. Vijay Risideo @ Vijai Risideo Son of Mayanand Risideo
4. Rajesh Risideo Son of Sukhai Risideo
5. Dhaneshwar Risideo Son of Arjun Risideo
6. Vimal Risideo Son of Achcha Lal Risideo
7. Dhirendra Risideo @ Dhiren Kr. Son of Dhaneshwar Risideo
8. Rajesh Risideo Son of Dhaneshwar Risideo
9. Birendra Risideo @ Baren Risideo Son of Tekan Risideo
10. Bechan @ Kanchan Risideo Son of Tekan Risideo
11. Tarachand Risideo Son of Saten Risideo
12. Chandu Risideo Son of Saten Risideo
13. Yoganand Risideo Son of Fudan Risideo
14. Santosh Risideo Son of Fudan Risideo
15. Shankar Risideo Son of Arjun Risideo
16. Ashok Risideo Son of Arjun Risideo
17. Nangra Risideo Son of Arjun Risideo
18. Ramu Risideo Son of Yoganand Risideo
19. Parmeshwari Risideo Son of Sokhi Risideo
20. Shibu Risideo Son of Sokhi Risideo
21. Masnu Risideo Son of Somi Risideo
22. Kamleshwari Risideo Son of Ram Prasad Risideo
23. Kailash Risideo Son of Ram Prasad Risideo
24. Idro Risideo Son of Jhabru Risideo
25. Jhabru Risideo Son of Kari Risideo
26. Gejendra Risideo Son of Jhingru Risideo All are residents of villageSaifganj, police station - Forbesganj, District- Araria. .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Ramesh Kumar Singh For the Opposite Party/s : Mr. Awadhesh Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 18-01-2017 Heard both sides.
The petitioners apprehend their arrest in Forbesganj
Patna High Court Cr.Misc. No.49704 of 2016 (3) dt.18-01-2017 2/3 P.S. case No. 399 of 2016 under Section 307 and other Sections of the Indian Penal Code. Later on Section 370 of the IPC was added.
The informant named all the petitioners and alleged that they all, having armed with different weapons, came to the land and started constructing huts. Birendra Risideo, petitioner No.9, is said to have assaulted the informant with stick. Rajesh Risideo, petitioner No.4, is said to have assaulted Fannelal Yadav with Farsa on his head. Sukhai Risideo, petitioner No.1, is said to have assaulted Mahesh Yadav with arrow, which hit on his left scapular region. Vimal Risideo, petitioner No.6, is said to have assaulted Kartik Yadav with Farsa on his right shoulder. The learned counsel for the petitioners submits that informant filed the case on 05.08.2016 for the occurrence dated 04.08.2016. On 04.08.2016 itself a case has been lodged from the side of petitioners being Forbesganj P.S. case No. 393 of 2016.
The informant and his side have come on the land to dispossess the petitioners, who have got Government Parcha, and the informant and his side are bent upon to grab the entire lands. From the injury report, as contained in paragraph 25 of the case diary, it would appear that all the injured got simple injuries caused by hard and blunt object.
Patna High Court Cr.Misc. No.49704 of 2016 (3) dt.18-01-2017 3/3 weapon.
Considering the facts aforesaid and the nature of allegations made against the petitioners, the above named petitioners, in the event of their arrest or surrender before the learned court below within a period of four weeks from the date of receipt / production of a copy of this order, are directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Araria in Forbesganj P.S. Case No. 399 of 2016, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.
(Prabhat Kumar Jha, J) BKS/- U T