Umesh Rishideo And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.58097 of 2015 Arising Out of P.S. Case No. -54 Year- 2013 Thana -MURLIGANJ District- MADHEPURA =====================================
1. Umesh Rishideo, S/o Laxman Rishideo.
2. Bhikho Rishideo, S/o Late Singheshwar Rishideo.
3. Girish Rishideo, S/o Late Kamal Rishideo @ Batan Rishideo.
4. Pheku Rishideo, S/o Batan Rishideo.
All Residents of village - Jorgama, P.S.- Murliganj, District - Madhepura.
.... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ===================================== Appearance :
For the Petitioner/s : Mr. Pawan Kumar, Adv. For the Opposite Party/s : Mr. Vinod Shankar Modi (A.P.P.) ===================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 25-01-2016 Heard learned counsel, appearing on behalf of the petitioners, and learned Additional Public Prosecutor, appearing on behalf of the State.
This application for grant of anticipatory bail arises out of Murliganj P.S. Case No.54 of 2013,
Patna High Court Cr.Misc. No.58097 of 2015 (2) dt.25-01-2016 2/3 disclosing offences under Sections 147, 148, 323, 447, 427, 384, 504 and 120(B) of the Indian Penal Code and Section 27 of the Arms Act.
The petitioners have no criminal antecedent and they were not named in the First Information Report. Referring to the First Information Report, it is submitted by learned counsel, appearing on behalf of the petitioners, that the allegation is against co-accused, namely, Laxman Rishideo and Soman Rishideo. Though the petitioners are co-villagers, their names were not mentioned in the First Information Report and they came to be implicated subsequently with oblique motive. He further submits that no case, under Section 384 of the Indian Penal Code, is made out against these petitioners. Considering the submission, as above, and the facts and circumstances of the case, this application is allowed. Let the petitioner Nos.
1 to 4, abovenamed, in the event of their arrest or surrender before the court below within six weeks, be released on bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Madhepura, in connection with Murliganj P.S. Case No.
Patna High Court Cr.Misc. No.58097 of 2015 (2) dt.25-01-2016 3/3 Section 438 (2) of the Code of Criminal Procedure. This is subject to the condition that the petitioners shall present themselves before the police/Court, as the case may be, as and when required and in the event of failure on their part to appear before the Court on two consecutive occasions, their bail bonds shall be liable to be cancelled.
(Chakradhari Sharan Singh, J.) Praveen-II/- U T