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[Cites 15, Cited by 0]

Patna High Court - Orders

Ritesh Kumar @ Ritesh Sao vs The State Of Bihar on 9 June, 2015

Author: Sudhir Singh

Bench: Sudhir Singh

   IN THE HIGH COURT OF JUDICATURE AT PATNA
                 Criminal Miscellaneous No.15953 of 2015
  Arising Out of PS.Case No. -137 Year- 2014 Thana -MADANPURA District- AURANGABAD
======================================================
1. Dharmendra Paswan Son of Amaresh Choukidar resident of village -
Madanpur, Police Station - Madanpur, District - Aurangabad.

                                                             .... ....   Petitioner/s
                                     Versus
1. The State of Bihar.

                                          .... .... Opposite Party/s
======================================================
                            with
           Criminal Miscellaneous No.15967 of 2015
  Arising Out of PS.Case No. -137 Year- 2014 Thana -MADANPURA District- AURANGABAD
======================================================
1. Awadh Mehta son of Basudeo Mehta resident of village Bangara, P.S.
Madanpur, District Aurangaabd.

                                                             .... ....   Petitioner/s
                                     Versus
1. The State of Bihar.

                                          .... .... Opposite Party/s
======================================================
                            with
           Criminal Miscellaneous No.16324 of 2015
  Arising Out of PS.Case No. -137 Year- 2014 Thana -MADANPURA District- AURANGABAD
======================================================
1. Jainath Prasad S/o Late Ramdas Mahto resident of Village- Bangara P.s
Madanpur, District- Aurangabad.

                                                             .... ....   Petitioner/s
                                     Versus
1. The State of Bihar

                                          .... .... Opposite Party/s
======================================================
                            with
           Criminal Miscellaneous No.16592 of 2015
  Arising Out of PS.Case No. -137 Year- 2014 Thana -MADANPURA District- AURANGABAD
======================================================
1. Pramod Kumar S/o Satendra Mahto Resident of village - Bangre, P.S.
Madanpur, District - Aurangabad

                                                             .... ....   Petitioner/s
                                     Versus
1. The State of Bihar
 Patna High Court Cr.Misc. No.15953 of 2015 (2) dt.09-06-2015                                         2




                                                       .... .... Opposite Party/s
             ======================================================
                                         with
                        Criminal Miscellaneous No.18956 of 2015
               Arising Out of PS.Case No. -137 Year- 2014 Thana -MADANPURA District- AURANGABAD
             ======================================================
             1. Yogendra Chaudhary Son of Baban Chaudhary Resident of village -
             Manjhauliya, P.S. Amas, District - Gaya, Bihar

                                                                          .... ....   Petitioner/s
                                                    Versus
             1. The State of Bihar

                                                       .... .... Opposite Party/s
             ======================================================
                                         with
                        Criminal Miscellaneous No.19157 of 2015
               Arising Out of PS.Case No. -137 Year- 2014 Thana -MADANPURA District- AURANGABAD
             ======================================================
             1. Ritesh Kumar, @ Ritesh Sao Son of Rajendra Sao, Resident of Village-
             Anjanwa, P.L.S.- Madanpur, District- Aurangabad.

                                                                          .... ....   Petitioner/s
                                                    Versus
             1. The State of Bihar.

                                                              .... .... Opposite Party/s
             ======================================================
             Appearance :
             (In Cr.Misc. No.15953 of 2015)
             For the Petitioner/s     :  Mr. Tej Narayan Singh
             For the Opposite Party/s   : Mr. J.N.Thakur(App)
             (In Cr.Misc. No.15967 of 2015)
             For the Petitioner/s     :  Mr. Ashok Kumar No.6
             For the Opposite Party/s   : Mr. Ram Bachan Singh (App)
             (In Cr.Misc. No.16324 of 2015)
             For the Petitioner/s     :  Mr.
             For the Opposite Party/s   : Mr. Anil Kumar Singh (App)
             (In Cr.Misc. No.16592 of 2015)
             For the Petitioner/s     :  Mr.
             For the Opposite Party/s   : Mr. Anil Kumar Singh (App)
             (In Cr.Misc. No.18956 of 2015)
             For the Petitioner/s     :  Mr. Leelawati Kumari
             For the Opposite Party/s   : Mr. Sanjay Kumar Singh(App)
             (In Cr.Misc. No.19157 of 2015)
             For the Petitioner/s     :  Mr. Shailesh Kumar Singh
             For the Opposite Party/s   : Mr. Uday Chandra Pd.(App)
             ======================================================
             CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH
             ORAL ORDER
       Patna High Court Cr.Misc. No.15953 of 2015 (2) dt.09-06-2015                           3




2   09-06-2015

Since all these applications arise out of one and the same P.S. case, they have been heard together and are being disposed of by this common order.

The petitioners are languishing in custody in connection with Madanpur P.S. Case No. 137 of 2014 for the offences instituted under sections 147, 148, 341, 323, 337, 326, 307, 353, 427, 435, 504 and 124-A of the Indian Penal Code, 27 of the Arms Act, Section 17 of the Criminal Law Amendment Act and ¾ of the Explosive Substance Act.

Heard learned counsel for the petitioners and learned counsel for the State.

The prosecution story, in brief, is that on the date of occurrence about 500 unknown extremists with co-villagers encircled Madanpur police station making inflammatory slogans. They attempted to loot fire arms and ammunition of the police and also resorted to stone pelting and firing and burnt police vehicle and threw gas cylinders to cause mischief, in which the police personnel got injuries and two persons, namely, Rajmuni Devi and Ramdhyan Kumar sustained serious injuries to which they succumbed in course of treatment.

It is submitted on behalf of the petitioners that the petitioners are not named in the F.I.R. nor any specific Patna High Court Cr.Misc. No.15953 of 2015 (2) dt.09-06-2015 4 allegation has been made against them. No specific injury has been attributed against any of the petitioners. Omnibus and general allegation has been made against the petitioners. The names of the petitioners have come in course of investigation. It has been further submitted that co-accused Binod Rikhiyasan has been granted bail by another Bench of this Court by order dated 10.04. 2015 vide Criminal Misc. No. 14873 of 2015.

Considering the aforesaid facts and circumstances, let the petitioners, above named, be released on bail on furnishing bail bond of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Aurangabad in connection with Madanpur P. S. Case No. 137 of 2014.

(Sudhir Singh, J) Amin/-

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