Gulchan Rishi And ORS. v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.9590 of 2016 Arising Out of PS.Case No. -12 Year- 2014 Thana -DHAMDAHA District- PURNIA ======================================================
1. Gulchan Rishi Son of Panchu Rishi,
2. Suresh Rishi, Son of Bhuttu Rishi,
3. Ravindra Rishi @ Ravindra Rishideo, Son of Tejan Rishi,
4. Dewal Rishi, Son of Upendra Rishi,
5. Rajesh Rishi, Son of Kishori Rishi, All resident of village - Bishanpur, Police Station - Dhamdaha, District - Purnea. .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Mukesh Kumar Jha For the Opposite Party/s : Mr. Binod Kr. 2(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 11-04-2016 Heard learned counsel for the petitioners and the learned A.P.P. for the State.
The petitioners apprehend their arrest in connection with Dhamdaha P.S. Case No. 12 of 2014 registered under Sections 147, 148, 149, 504, 353, 109, 186, 188, 283 of the Indian Penal Code and 5/6 of the Essential Service Maintenance Act.
The prosecution case is that the Circle Officer, Dhamdaha on receiving the information about blockading the Highway at Bishanpur Chowk by the 100 persons of Mahadalit raising slogans against the
Patna High Court Cr.Misc. No.9590 of 2016 (2) dt.11-04-2016 2/3 administration in filthy language, reached there along with the Police Officials and tried to convince them but they did not success. They were demanding to remove the encroachment from their land. At that time, Chowkidar disclosed the names of above petitioners, who were leading the mob.
Learned counsel appearing on behalf of the petitioners submits that the names of the petitioners have been disclosed by the Chowkidar, as it would appear from the F.I.R., and they were not apprehended by the Police on spot. In fact, the land was allotted to the petitioners and others vide letter no. 956 issued by the Circle Officer, Dhamdaha, which was encroached by the Adiwashi Community and only request was made to remove the encroachment over the land in dispute. It is also submitted that petitioners have no criminal antecedent.
Having considered the facts and circumstances of the case, let the above named petitioners be released on bail, in the event of arrest or
Patna High Court Cr.Misc. No.9590 of 2016 (2) dt.11-04-2016 3/3 surrender before the learned Court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the Judicial Magistrate, 1st Class, Purnea in connection with Dhamdaha P.S. Case No. 12 of 2014, subject to the condition as laid down under Section 438(2) of the Cr. P.C.
(Rajendra Kumar Mishra, J) Shail/- U T