Patna High CourtCR. MISC./12634/2025bail granted

Kaleshwar Rishidev v. The State Of Bihar

2025-05-14Mr. Justice R. P. Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.12634 of 2025 Arising Out of PS. Case No.-147 Year-2024 Thana- R S P.S. District- Araria ====================================================== Kaleshwar Rishidev S/O Late Lalo Rishidev R/O Vill.- Hariya Bara, Ward no. 7, P.S.- Araria R.S., Dist.- Araria.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Gopal Kumar Jha, Advocate For the Opposite Party/s :

Mrs. Anita Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 14-05-2025 Heard learned counsel for the petitioner, learned APP for the State and perused the case diary.

2. The petitioner seeks bail in connection with R.S. P.S. Case No. 147 of 2024, instituted for the offences punishable under Section 105 of the Bharatiya Nyaya Sanhita, 2023.

3. The prosecution case, in short, is that, the petitioner while arguing with informant's husband pushed him, resulting in the injury to the back of his head due to which he died on spot.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. Charge-sheet has been submitted in this case. No incriminating material has been recovered from the conscious possession of the petitioner. Learned counsel for the petitioner

Patna High Court CR. MISC. No.12634 of 2025(3) dt.14-05-2025 2/2 also submits that the petitioner has got no intention to kill the deceased. The petitioner is maternal uncle of the informant. It is further submitted that the deceased himself fell on the road in an intoxicated state, got injured and died on spot. The petitioner is in custody since 07.10.2024 and has got no criminal antecedent.

5. Learned APP for the State has vehemently opposed the prayer for grant of bail to the petitioner.

6. Considering the aforesaid facts and circumstances of the case and taking into account the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.

7. Let the petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with R.S. P.S. Case No. 147 of 2024.

(Rudra Prakash Mishra, J) Rajorshi/- U T