Petitioner approached High Court for bail in a case involving communal riots and extortion charges. Court released him on bail with surety conditions, noting allegations of false implication despite lack of FIR name inclusion.
Released on bail bond of Rs. 10,000 with two sureties of like amount each.
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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.48760 of 2015
Arising Out of PS.Case No. -53 Year- 2014 Thana -GURUA District- GAYA ====================================================== 1. Shiv Charan Rikhiyasan @ Shivcharan Bhuiyan resident of villageMatua, P.S.- Gurua, District- Gaya .... .... Petitioner/s Versus 1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Md. Javed Jafar Khan For the Opposite Party/s : Mr. Pramod Kumar Pandey(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 4 11-02-2016 Heard the learned counsel for the petitioner as well as the learned A.P.P for the State. The petitioner seeks bail in a case for the offences punishable under sections 147, 148, 149, 342, 435, 504, 450 and 506 of the I.P.C and section 17 of the C.L.A. Act. .
Allegedly, 12-15 mauwadi extremists came with the arms at the site of Rakesh Construction Private Limited and thereafter kidnapped the staff and labour, set one Pocklen Machine and two highwa trucks on fire due to non payment of levy.
Submission is of false implication and that the petitioner is not named in the FIR, his name has come in the confessional statement of co-accused Budhan Paswan in Gurua P.S. Case No. 120 of 2013 and on that basis the petitioner has
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been implicated in this case also resulting without any legal and cogent material he is suffering in custody since 25.05.2015.
The learned A.P.P. submits that the petitioner has got criminal antecedent.
In the facts and circumstances as stated above, the petitioner is directed to be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of S.D.J.M. Sherghati at Gaya in Gurua P.S. Case No. 53 of 2014, subject to the conditions that one of the bailors must be a near relative and another having sufficient immovable property within the territorial jurisdiction of the court concerned and the petitioner shall remain present on each and every date during trial and the default on two consecutive dates on his part without any reason shall disentitle the petitioner from privilege of bail.
(Jitendra Mohan Sharma, J)
Abhay/-
U T
2 issues framed by the court
Whether the petitioner is eligible for bail in a case involving offences under Sections 147, 148, 149 IPC
Whether false implication in the FIR warrants bail on mere furnishing of surety bond
2 provisions across 2 enactments
Shiv Charan Rikhiyasan @ Shivcharan Bhuiyan
The State of Bihar
Jitendra Mohan Sharma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
