Babu Lal Rishi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.68098 of 2019 Arising Out of PS. Case No.-114 Year-2018 Thana- RUPAULI District- Purnia ====================================================== 1.

BABU LAL RISHI Son of Sukkan Rishi 2.

Sudhir Rishi Son of Sukkan Rishi 3.

Fago Rishi Son of Bhamu Rishi 4.

Vishnu Rishideo Son of Bhamu Rishi 5.

Jageshwar Rishi Son of Bhamu Rishi 6.

Sajan Rishi Son of Jhago Rishi 7.

Siro Mani Devi Wife of Sudhir Rishi 8.

Sunil Rishi Son of Babu Lal Rishi All resident of Village- Mahaballa, P.S.- Rupouli, District- Purnea. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Upendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 06-11-2019 Heard both sides.

The petitioners apprehend their arrest in Rupouli P.S. Case No.114 of 2018 registered under Sections 147, 149, 341, 323, 307, 379, 427, 448 and 506 of the Indian Penal Code. Rajendra Ram, the informant named the petitioners and alleged that they having armed with different weapons entered into his house and began to assault the informant and his family members. The informant further alleged that Babu Lal Rishi and Sudhir Rishi(petitioner Nos.1 and 2) assaulted him

Patna High Court CR. MISC. No.68098 of 2019(2) dt.06-11-2019 2/3 with iron rod on his head and blood started oozing. It is further alleged that the accused persons are bent upon to dispossess the informant from the land.

The learned counsel for the petitioners submits that there is a counter version being Rupouli P.S. Case No.115 of 2018. Babu Lal Rishi alleged that he gifted the property for construction of school but Rajendra Ram(the informant) and others encroached upon the land. When the petitioners objected, they were also assaulted. It is submitted that Rajendra Ram got simple injury on his head. Rajendra Ram has encroached upon the land of the school donated by the petitioners for construction of school.

Taking into consideration the facts aforesaid and nature of allegation made against the petitioners and the fact that the petitioners donated the land for construction of school but the informant is said to have encroached upon the land and for that both sides appears to have been engaged in assault with each other in which informant got simple injury, let the petitioners, above named, in the event of their arrest or surrender before the court below within a period of four weeks from the date of receipt of the order, be released on bail on furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) each

Patna High Court CR. MISC. No.68098 of 2019(2) dt.06-11-2019 3/3 with two sureties of the like amount each to the satisfaction of the learned A.C.J.M. 1st Class, Purnea in connection with Rupouli P.S. Case No.114 of 2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Jha, J) Saurabh/- U T