Kamleshwari Rishideo And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No 19132 of 2017 Arising Out of PS.Case No. -323 Year- 2016 Thana -RANIGANJ District- ARRARIA ======================================================

1. Kamleshwari Rishideo, Son of Mainaku Rishideo

2. Jhameli Rishideo, Son of Late Salekhi Rishideao @ Salokhi Rishideo. Both residents of Village Parmanandpur, Pul tola Colony, P.S. Raniganj, District- Araria.

.... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr Anil Prasad Singh, Advocate For the S t a t e : Mr Brajendra Nath Pandey, APP ====================================================== CORAM: HON'BLE MR JUSTICE PRABHAT KUMAR JHA ORAL ORDER 27-04-2017 Heard both sides.

Petitioners seek bail in Raniganj Police Station Case 323 of 2016 registered under Sections 302, 307 and other sections of Indian Penal Code and Section 27 of Arms Act. The informant named the petitioners along with 28 other accused persons and other unknown persons and alleged that Shambhu Rishideo asslaulted his brother with arrow and his brother fell down on the ground. Thereafter, other accused persons including these two petitioners, namely, Kamleshwari Rishideo and Jhameli Rishideo along with co-accused Birendra Mandal, Anil Mandal and Md Sabir came. It is alleged that all the accused persons killed his brother. Ramesh Rishideo also fired his

Patna High Court Cr.Misc. No.19132 of 2017 (2) dt.27-04-2017 2/2 arrow aiming at the informant which hit on the back side of his ear. The learned counsel for the petitioners submits that there is no specific allegation of assault against the petitioners. The deceased brother of the informant got two arrow injuries, one on right ear and another on left thigh. Both the injuries were attributed to Shambhu Rishideo. No other injuries were found on the person of the deceased.

Considering the facts that of course the petitioners are named in the first information report but no specific allegation of assault is made against them and the deceased got only two injuries caused by arrow, which are attributed to Shambhu Rishideo, the petitioners above named are directed to be released on bail on each of them furnishing bonds of Rs 10,000/- with two sureties of the like amount each to the satisfaction of Sub Divisional Judicial Magistrate, Araria in Raniganj Police Station Case No 323 of 2016.

(Prabhat Kumar Jha, J) M.E.H./- U