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Patna High CourtCR. MISC./12345/2022bail granted

Rishikesh Bind @ Rishi Bind v. The State Of Bihar

2022-12-22Mr. Justice Partha Sarthy2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.12345 of 2022 Arising Out of PS. Case No.-234 Year-2021 Thana- CHAINPUR District- Kaimur (Bhabua) ====================================================== 1.

RISHIKESH BIND @ RISHI BIND Son of Thanedar Bind 2.

Banshidhar Bind Son of Thanedar Bind 3.

Radhika Devi W/o Thanedar Bind All are resident of Village - Sahe Bahe, P.S.- Chainpur, Distt.- Kaimur (Bhabhua).

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Subodh Kumar Jha, Adv.

Mr. Pranav Kumar Jha, Adv.

For the Opposite Party/s :

Mr. Akbar Ali, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 22-12-2022 Heard learned counsel for the parties.

By order dated 9.5.2022, while calling for the case diary, this Court was pleased to enlarge the petitioner no.3 on bail.

Heard learned counsel for the petitioners on the bail application of the petitioner nos.1 and 2 in a case registered under section 302 and other sections of the Indian Penal Code. As per the prosecution case, the husband of the informant was assaulted by the accused persons including the two petitioners herein resulting in his death. It is submitted by learned counsel for the petitioners

Patna High Court CR. MISC. No.12345 of 2022(3) dt.22-12-2022 2/2 that the petitioners have been falsely implicated in the case for oblique reasons. Even accepting the allegations as levelled, for the sake of argument, the allegations are general and omnibus in nature. No arms/weapons are alleged to have been used by the petitioners. Referring to the post-mortem report (Annexure-2), it is submitted that no cause of death could be ascertained. The petitioners are in custody since 7.11.2021.

Heard learned A.P.P. for the State.

Having heard learned counsel for the parties and taking into consideration the material that has transpired in course of investigation together with the petitioners having remained in custody since 7.11.2021, the petitioner no.1 namely, Rishikesh Bind @ Rishi Bind and the petitioner no.2, namely Banshidhar Bind are directed to be enlarged on bail in connection with Chainpur P.S. Case no.234 of 2021 on furnishing bail bond of Rs.10,000/ (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate II, Kaimur at Bhabhua.

(Partha Sarthy, J) Saurabh/- U T