Nand Kishor Rishideo v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.78176 of 2019 Arising Out of PS. Case No.-81 Year-2018 Thana- GAMAHARIYA District- Madhepura ====================================================== 1.

Nand Kishor Rishideo, Son of Mahavir Rishideo Resident of Village - Jiwachhpur, Ward No. 2, P.S.- Gamhariya, District- Madhepura 2.

Fulendra Rishideo Son of Nand Kishor Rishideo Resident of Village - Jiwachhpur, Ward No. 2, P.S.- Gamhariya, District- Madhepura 3.

Surendra Rishideo Son of Nand Kishor Rishideo Resident of Village - Jiwachhpur, Ward No. 2, P.S.- Gamhariya, District- Madhepura 4.

Sulendra Rishideo Son of Nand Kishor Rishideo Resident of Village - Jiwachhpur, Ward No. 2, P.S.- Gamhariya, District- Madhepura ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Prafull Chandra Thakur, Advocate For the Opposite Party/s :

Mr. Sanjay Kumar Tiwary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 14-01-2020 Heard learned counsel for the petitioners and the learned A.P.P. for the State.

The petitioners seek bail in connection with Gamhariya P.S. Case No. 81 of 2018, registered under Sections 341, 323, 324, 325, 307 and 504 of the Indian Penal Code.

The accusation is that informant Ram Chandra Chaudhary was engaged in eye operation of his father Bhutai Chaudhary, in the meantime, his neighbours Nand Kishore Rishideo, Nandelal Rishideo, Surendra Rishideo, Sulendra

Patna High Court CR. MISC. No.78176 of 2019(2) dt.14-01-2020 2/3 Rishideo, Fulendra Rishideo, Pano Devi etc. fixed the idol of Mahabirjee at his land. On 03.05.2018, in the evening, when informant came to his house then he came to know regarding the said fact then he went to his land then all the aforesaid persons variously armed with Farsa, Khanti, Dabiya, Threenut and iron rod came there and attacked on him in which he became unconscious. Thereafter, he was rushed to the hospital for treatment.

Learned counsel for the petitioners submits that while occurrence is said to be committed on 03.05.2018, but the present case had been lodged on 15.05.2018 without giving any reason of delay in lodging of F.I.R. Moreso, petitioners are named in the F.I.R. but there are general and omnibus allegation against the petitioners. Further submission is that out of eight injuries, five are found simple in nature and three injuries are said to be grievous in nature due to fracture. The petitioners are in custody since 23.09.2019. Having regard to the facts and the circumstances of the case, the petitioners, above named, are directed to be released on bail on furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate,

Patna High Court CR. MISC. No.78176 of 2019(2) dt.14-01-2020 3/3 Madhepura in connection with Gamhariya P.S. Case No. 81 of 2018.

(Rajendra Kumar Mishra, J) manish/- U T