Manta Rishideo v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.4341 of 2021 Arising Out of PS. Case No.-109 Year-2020 Thana- ALAMNAGAR District- Madhepura ====================================================== 1.

MANTA RISHIDEO Son of Lalmani Rishideo 2.

Harilal Rishideo Son of Chamru Rishideo 3.

Rajesh Rishideo Son of Chandradeo Rishideo All are resident of Village - Khawan, P.S.- Alamnagar, Ratwara, District - Madhepura.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Uday Chand Prasad For the Opposite Party/s :

Mr. A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 22-03-2021 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

The petitioner No. 1 and 2 are in custody since 15.05.2020 whereas petitioner No. 3 is in custody since 16.06.2020 in connection with Alamnagar P.S. Case No. 109/2020 registered for the offences punishable under Sections 302 and 120B of the Indian Penal Code.

As per the prosecution case, all the F.I.R. named accused persons including these petitioners have committed murder of the husband of the informant.

It is submitted on behalf of the petitioners that informant is not the eye-witness of the occurrence and the petitioners have been made accused on the ground that earlier the petitioner used

Patna High Court CR. MISC. No.4341 of 2021(2) dt.22-03-2021 2/3 to give threat to the deceased with regard to land dispute. It is further submitted that there is no eye-witness to the occurrence. Chargesheet has already been submitted in this case. Petitioner No. 1 and 2 are in custody since 15.05.2020 whereas petitioner No. 3 is in custody since 16.06.2020.

Considering the nature of allegation and taking into consideration the period of custody and, admittedly, there is land dispute between the parties, the bail petition of the petitioners is allowed. Let the petitioners above named be released on bail, on furnishing bail bonds of Rs.10,000/- (Ten Thousand) each with two sureties of the like amount to the satisfaction of learned Additional Chief Judicial Magistrate, 1st Class, Udakishunganj, Madhepura, in connection with Alamnagar P.S. Case No. 109/2020, subject to following conditions:-

(1) Petitioners shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court and shall remain physically present, as directed by the Court on their absence on two consecutive dates without sufficient reason, their bail-bonds shall be cancelled by the Court below.

(2) If the petitioners tempers with the evidence or the witnesses, in that case, the prosecution will be at liberty to

Patna High Court CR. MISC. No.4341 of 2021(2) dt.22-03-2021 3/3 move for cancellation of bail.

(Prabhat Kumar Singh, J) Saif/- U T