Kanchan Rishi And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.54074 of 2017 Arising Out of PS.Case No. -457 Year- 2017 Thana -PURNEA SADAR District- PURNIA ======================================================
1. Kanchan Rishi, son of Pakouri Rishi, resident of village Emli Tola (Gulabbagh), P.S. Sadar, Distt. Purnea.
2. Arvind Rishi, son of late Ram Kishsore Rishi, resident of village Kadwa (Gulab bagh), P.S. Sadar, Distt. Purnea. .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Ram Prawesh Kumar, Advocate. For the Opposite Party/s : Mr. Ram Bachan Singh, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 10-11-2017 Heard learned counsel for the petitioners and the State.
It has been submitted that petitioner No. 1 has already been arrested. Therefore, prayer for anticipatory bail of petitioner No. 1 has become infructuous.
The prayer for anticipatory bail against petitioner No. 1 namely, Kanchan Rishi, is dismissed as having become infructuous.
The petitioner No. 2 apprehends his arrest in Sadar P.S. Case No. 457 of 2017 instituted for the offence under Sections 457, 380 and 411/34 of the Indian Penal Code. It has been submitted that co-accused Karan Rishi was apprehended with Gas cylinder by the villagers and he disclosed
Patna High Court Cr.Misc. No.54074 of 2017 (2) dt.10-11-2017 2/3 the name of this petitioner.
In the written report it is alleged by the informant that in the night he heard sound of entering some unknown persons in the house over the roof, she raised alarm and saw three persons jumped from the roof. One person after chase by the villagers, with Gas cylinder was apprehended who disclosed his name as Karan Rishi and he disclosed the name of this petitioner. Considering the facts and circumstances of the case, prayer for anticipatory bail of the petitioner is allowed. In the event of surrender/arrest of the petitioner, named above, within six weeks from today, in connection with Sadar P.S. Case No. 457 of 2017, he shall be released on anticipatory bail on furnishing bail bond of Rs.
10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Purnea, subject to the conditions as laid down under Section 438 (2) Cr. P.C.
Patna High Court Cr.Misc. No.54074 of 2017 (2) dt.10-11-2017 3/3 witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner. (Sanjay Priya, J) S.Ali/- U T