Pintu Risideo v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.6498 of 2023 Arising Out of PS. Case No.-271 Year-2022 Thana- RANIGANJ District- Araria ====================================================== Pintu Risideo Son of Chalitra Reshideo @ Chalitar Risideo R/V- Terasi Tola, Barbanna, Ward no. 4, P.S- Raniganj, Dist- Araria ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ramesh Kumar Singh, Advocate For the Opposite Party/s :

Mr. Harendra Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 19-06-2023 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner seeks bail, who is in custody since 19.08.2022, in connection with Raniganj P.S. Case No. 271 of 2022, F.I.R. dated 07.08.2022 registered for the offences punishable under Sections 302/34 of the Indian Penal Code. Allegation against the petitioner is that he along with co-accused Chalitar Risideo being involved in the murder of deceased Niraj Kumar.

Learned counsel for the petitioner submits that the petitioner has clean antecedent and he has been falsely implicated in the present case due to previous admitted land dispute between the parties. He further submits that the petitioner has filed a case against the informant and his family

Patna High Court CR. MISC. No.6498 of 2023(3) dt.19-06-2023 2/3 members in 2015 itself and the aforesaid reason, the petitioner has been falsely implicated in the present case. He further submits that in fact the informant is not an eye witness of the alleged occurrence and no one has seen the occurrence and during investigation nothing has come against the petitioner to suggest the involvement of the petitioner in the present occurrence. He further submits that the police after investigation submitted chargesheet against the petitioner and the petitioner is in custody since 19.08.2022.

The learned Additional Public Prosecutor for the State has vehemently opposed the prayer for bail of the petitioner. Considering the facts and circumstances of the case, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Sub-Divisional Judicial Magistrate, Araria in connection with Raniganj P.S. Case No. 271 of 2022, subject to the following conditions :-

(1) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court and shall remain physically present as directed by the Court and on his absence on two consecutive dates without sufficient

Patna High Court CR. MISC. No.6498 of 2023(3) dt.19-06-2023 3/3 reason, his bail bond shall be cancelled by the Court below.

(2) If the petitioner tampers with the evidence or the witness, in that case, the prosecution will be at liberty to move for cancellation of bail.

(3) And, further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage, it is found that the petitioner has concealed his criminal antecedents, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.

(Rajesh Kumar Verma, J) Ibrar//- U T