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Patna High CourtCR. MISC./2397/2019bail rejected

Pintu Rishideo v. The State Of Bihar

2019-01-18Justice Smt. Nilu Agrawal2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.2397 of 2019 Arising Out of PS. Case No.-131 Year-2018 Thana- JANKINAGAR District- Purnia ====================================================== Pintu Rishideo, Male, aged about 39 years, son of Halesher Risideo Village - Narayanpur, P.S.- Janki Nagar, Dist-Purnia ... Petitioner

Versus

The State Of Bihar ... Opposite Party ====================================================== Appearance :

For the Petitioner :

Mr. Bipin Kumar, Adv.

For the Opposite Party :

Mr. Shyam Bihari Singh, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 18-01-2019 Heard the learned counsel for the petitioner and the learned counsel appearing for the State.

The petitioner is languishing in judicial custody since 13.08.2018 in connection with Janki Nagar P.S. Case No. 131 of 2018 for the offences alleged under Sections 147, 148, 149, 326, 307, 302 and 120B of the Indian Penal Code.

The prosecution case, as lodged by the informant, is that the petitioner along with two others came to the house of the informant and enquired about his brother, Pappu Mukhiya, and, thereafter, the petitioner telephoned his brother and called him. The petitioner along with three other named accused took him nearby and all of them caught hold of his hands and legs and co-accused, Shivan Rishideo, cut his neck with the knife. It has been submitted by the learned counsel for the

Patna High Court Cr.Misc. No.2397 of 2019(2) dt.18-01-2019 2/2 petitioner that he is innocent, bears no criminal antecedent and has been falsely implicated in the aforesaid case. He, further, submits that due to village politics he has been made accused and there is no eye witness to the alleged occurrence. However, the learned Additional Public Prosecutor for the State opposes the prayer for bail stating therein that the petitioner along with other three co-accused have caused the death of the informant's brother.

Considering the facts and circumstances and materials, I am not inclined to grant privilege of bail to the petitioner at this stage.

This application is, accordingly, rejected.

(Nilu Agrawal, J) Shamshad/- U