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Patna High CourtCR. MISC./66737/2018bail granted

Akhari Rishideo @ Aakhari Rishideo And ORS v. The State Of Bihar

2018-11-05Mr. Justice Dr. Ravi Ranjan3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.66737 of 2018 Arising out of PS. Case No.-323 Year-2016 Thana- RANIGANJ District- Araria ===============================================

1. Akhari Rishideo @ Aakhari Rishideo, Son of Shambhu Rishideo,

2. Girjanand Rishideo Son of Late Tupai Rishideo.

3. Mochan Rishideo, Son of Late Suran Rishideo All are resident of Village- Parmanandpur, Police Station Raniganj District- Araria.

... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s =============================================== Appearance :

For the Petitioner/s : Mr. Mukesh Kumar Rana, Advocate For the Opposite Party/s: Mr.Nand Kishore Pd. APP =============================================== CORAM: HONOURABLE THE ACTING CHIEF JUSTICE ORAL ORDER 05-11-2018 Heard learned counsel for the petitioners and the State.

The petitioners apprehend their arrest in a case registered for the offence punishable under Sections 147, 148, 149, 342, 302, 307 and 120B of the Indian Penal Code and Section 27 of the Arms Act.

It is contended on behalf of the petitioners that there is specific allegation against co-accused, Shambhu Rishideo, of causing injury to the brother of the informant, Md. Shamim, on

Patna High Court Cr.Misc. No.66737 of 2018(2) dt.05-11-2018 2/3 the neck with arrow and one Ramesh Rishideo assaulted the informant. So far the other co-accused persons are concerned, there is general and omnibus allegation. It is further contended that five persons had been granted anticipatory bail on identical issue by a Co-ordinate Bench of this Court vide order dated 30.07.2018 passed in Cr. Misc. No. 38315 of 2018 and Cr. Misc. No. 38682 of 2018 and one co-accused had also been granted anticipatory bail vide order dated 27.09.2018 passed in Cr. Misc. No. 53038 of 2018. It is urged that the petitioners have no criminal antecedent.

Having regard to the facts and circumstances of the case, let the petitioners, above named be released on bail in the event of their arrest/surrender before the court below within a period of six weeks from today in connection with Raniganj P.S. Case No. 323 of 2016, on furnishing bail bonds of Rs.10,000 (Ten Thousand Rupees) each with two sureties of the like amount each to of Sub-divisional Judicial Magistrate, Araria or his successor subject to the conditions as laid down under subsection (2) of Section 438 of the Code of Criminal Procedure. However, at the time of accepting bail bond, the court below will verify and assure itself regarding the criminal antecedent of the petitioners. If the petitioners are having clean

Patna High Court Cr.Misc. No.66737 of 2018(2) dt.05-11-2018 3/3 antecedent then their bail bond would be accepted otherwise they would be taken in custody.

(Dr. Ravi Ranjan, ACJ) Vikash/- U T