Siyaram Rishi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.62090 of 2019 Arising Out of PS. Case No.-86 Year-2019 Thana- KAHALGAON District- Bhagalpur ====================================================== 1.

Siyaram Rishi, Son of Late Boudhi Rishi Resident of Village / MohallaPannuchak, Mushahri, P.S.- Ghogha, P.S.- Ghogha, Distt- Bhagalpur. 2.

Kameshwar Rishi Son of Late Boudhi Rishhi Resident of Village / MohallaPannuchak, Mushahri, P.S.- Ghogha, P.S.- Ghogha, Distt- Bhagalpur. 3.

Rohit Rishi Son of Matloo Rishi Resident of Village / Mohalla- Pannuchak, Mushahri, P.S.- Ghogha, P.S.- Ghogha, Distt- Bhagalpur. 4.

Tara Devi Wife of JairamRishi Resident of Village / Mohalla- Pannuchak, Mushahri, P.S.- Ghogha, P.S.- Ghogha, Distt- Bhagalpur. 5.

Basant Rishi @ Basant Kumar Son of Bhola Rishi Resident of Village / Mohalla- Pannuchak, Mushahri, P.S.- Ghogha, P.S.- Ghogha, DisttBhagalpur. 6.

Janki Devi W/o Sakaldeep Rishi Resident of Village / Mohalla- Pannuchak, Mushahri, P.S.- Ghogha, P.S.- Ghogha, Distt- Bhagalpur. 7.

Badri Rishi Son of Dhuri Rishi Resident of Village / Mohalla- Pannuchak, Mushahri, P.S.- Ghogha, P.S.- Ghogha, Distt- Bhagalpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Swapnil Kumar Singh For the Opposite Party/s :

Mr.Shyameshwar Dayal ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 18-10-2019 Heard learned counsel for the petitioners and learned counsel appearing on behalf of the State.

Petitioners apprehend their arrest in connection with Kahalgoan (Ghogha) P.S. Case No.86 of 2019, for the offence punishable under Sections 341, 323, 504, 147, 148, 308 of the Indian Penal Code.

The allegation against the petitioners is that

Patna High Court CR. MISC. No.62090 of 2019(2) dt.18-10-2019 2/3 petitioners and some unknown persons destroyed the hut of the informant and also assaulted informant with bricks and stones. Learned counsel for the petitioners submits that both the parties are co-villagers and there is dispute between them pertaining to a piece of land upon which title suit is pending between the parties. Learned counsel further submits that there is case and counter case inasmuch as the side of the petitioners have also lodged Kahalgaon (Ghogha) P.S. Case No.85 of 2019. Learned counsel referring to the impugned order submits that injuries caused to the informant have been found to be simple in nature.

Having regard to the submissions made by the parties and taking into consideration the fact that both the parties are co-villagers and there is case and counter case between them and there appears to be land dispute between the parties and injuries caused to the informant are simple in nature, I am inclined to grant anticipatory bail to all these petitioners. Accordingly, all the petitioners, above named, are directed to surrender before the learned Court below within a period of four weeks from today and in the event of surrender by them, they shall be released on anticipatory bail by the Court below upon furnishing bail bond of Rs.10,000/- (Ten thousand)

Patna High Court CR. MISC. No.62090 of 2019(2) dt.18-10-2019 3/3 each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Bhagalpur, subject to the condition as mentioned under Section 438 (2) of Cr.P.C. (Anil Kumar Sinha, J) sanjeev/- U T