Binod Rishideo And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.38315 of 2018 Arising Out of PS.Case No. -323 Year- 2016 Thana -RANIGANJ District- ARRARIA ======================================================
1. Binod Rishideo, S/o Hari Rishideo @ Hari Lal Rishidev,
2. Bablu Rishideo, S/o Hari Rishideo @ Hari Lal Rishidev,
3. Manoj Rishideo, S/o Naimani Rishideo,
4. Vijal Rishideo, S/o Karu Rishideo, all are residents of villageParmanandpur, P.S.- Raniganj, District- Araria. .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== With Criminal Miscellaneous No.38682 of 2018 Arising Out of PS.Case No. -323 Year- 2016 Thana -RANIGANJ District- ARRARIA ======================================================
1. Jeewach Lal Rishideo, son of late Suren Rishideo, resident of village - Parmanandpur, Police Station Raniganj, District Araria. .... .... Petitioner/s
Versus
1. The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
(In Cr.Misc. No.38315 of 2018) For the Petitioner/s : Mr. Mukesh Kumar Rana, Advocate For the Opposite Party/s : Mr. Akshay Lal Pandit, APP For the Informant : Mr. Raj Kumar, Advocate (In Cr.Misc. No.38682 of 2018) For the Petitioner/s : Mr. Mukesh Kumar Rana, Advocate For the Opposite Party/s : Mr. Amrendra Prasad, APP For the Informant : Mr. Raj Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 4/ 30-07-2018 Both the applications are taken up together as they arise out of the same P.S. Case number.
Heard learned counsel for the petitioners and learned APP for the State.
Petitioners apprehend their arrest in Raniganj P.S.
Patna High Court Cr.Misc. No.38315 of 2018 (4) dt.30-07-2018 2/3 Case No.323 of 2016 instituted for the offence under Section(s) 147, 148, 149, 342, 302, 307, 120-B Indian Penal Code. Counsel for the petitioners submits that there is specific allegation against co-accused, Shambhu Rishideo, of causing injury to the brother of the informant, Md. Shamim, on the neck with arrow.
There is general and omnibus allegation against the petitioners.
Case diary has been received, wherein, Postmortem report is available. The learned APP has submitted that injury of arrow was found on the person of the deceased. Counsel for the informant has appeared and opposed the prayer for bail.
In the facts and circumstances of the case, prayer of the petitioners for grant of anticipatory bail is allowed. In the event of surrender/arrest of the petitioners, named above, within six weeks from today in connection with Raniganj P.S. Case No.323 of 2016, they shall be released on anticipatory bail on furnishing bail bond of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the SubDivisional Judicial Magistrate, Araria, subject to the conditions as laid down under Section 438(2) Cr. P. C. with
Patna High Court Cr.Misc. No.38315 of 2018 (4) dt.30-07-2018 3/3 further conditions: (1) bailors should be local having sufficient immovable property within the jurisdiction of the court concerned, (2) petitioners shall cooperate in the trial and shall be present on each and every date fixed by the court and their absence on two consecutive dates without proper and reasonable reason will be liable to cancel their bail bonds and (3) if petitioners tamper with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioners.
(Sanjay Priya, J) JA/- U T