Nitish Kumar Rishideo @ Nitish Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.5736 of 2025 Arising Out of PS. Case No.-189 Year-2024 Thana- BANMANKHI District- Purnia ====================================================== 1.

Nitish Kumar Rishideo @ Nitish Kumar S/o- Ramchandra Rishideo @ Ravi Chandra Rishidev Village- Brindawan Ward No 8 PS- Murliganj DisttMadhepura 2.

Mantu Rishideo @ Mantu Rishi S/o- Bidyanand Rishideo @ Vidyanand Rishi Village- Rasarh W.No-1, Ps- Banmankhi Dist- Purnea ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Bijendra Kumar Singh, Advocate For the State :

Mr. Nityanand Tiwary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 05-05-2025 Heard Mr. Bijendra Kumar Singh, learned counsel for the petitioners and Mr. Nityanand Tiwary, learned APP for the State. Perused the case diary.

2.

The petitioners seek bail in connection with S. Tr. No. 507 of 2024 arising out of Banmankhi P.S. Case No. 189 of 2024 instituted for the offence under Sections 396, 397, 427 of the Indian Penal Code and Section 27 of the Arms Act. 3.

On 17.05.2024, four armed criminals intercepted a CSP operator, fired gunshots, and looted a cash-filled bag from their motorcycle. During the scuffle, the CSP operator was shot and injured, while the assailants fled toward Hridaynagar. 4.

It has been submitted on behalf of the petitioners

Patna High Court CR. MISC. No.5736 of 2025(3) dt.05-05-2025 2/3 that the petitioners are in custody since 30-05-2024. Petitioners bear no criminal antecedent, as per disclosure made in paragraph No. 3 of the bail application.

5.

It has been further submitted by the petitioners' counsel that petitioners have been falsely implicated in the present case. Petitioners are not named in the FIR. Names of the petitioners have surfaced in this case during course of investigation on the basis of CDR. The FIR reveals that the incident occurred in broad daylight with accused having uncovered faces, and eyewitnesses Gulab Rishideo and Sanjay Paswan claimed to identify the accused, yet the petitioners were not subjected to TIP. Charge is framed in this case on 20-12-2024.

6.

Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioners. It is submitted that postmortem report corroborates the allegation against the petitioners. Moreover, petitioners have confessed their guilt in their confessional statement. Learned counsel for the informant submits out three out of eight witnesses have been examined.

7.

Considering the aforesaid facts and circumstances of the case, there being cogent material against the petitioners in

Patna High Court CR. MISC. No.5736 of 2025(3) dt.05-05-2025 3/3 the case diary coupled with the fact that since the trial is in progress, this Court is not inclined to grant bail to the petitioners. Prayer for grant of bail is, accordingly, rejected. 8.

The Trial Court is directed to expedite the trial as expeditiously as possible without any undue delay and unnecessary adjournments.

(Rudra Prakash Mishra, J) Raj Kishore/- U T