Kishan Risideo @ Kishan Rishidev v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
(FROM CHAMBERS VIA VIDEO APPLICATION) CRIMINAL MISCELLANEOUS No.25494 of 2021 Arising Out of PS. Case No.-359 Year-2019 Thana- RANIGANJ District- Araria ====================================================== KISHAN RISIDEO @ KISHAN RISHIDEV Son of Late Amoli Risideo Resident of Village - Belgachhi, P.S.- Raniganj, District - Araira. ... ... Petitioner
Versus
The State of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioner/s :
Mr.Mukesh Kumar Rana, Advocate For the Opposite Party/s :
Mr. Arun Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 24-09-2021 Learned counsel for the petitioner undertakes to remove all the defects pointed out by the Stamp Reporter within four weeks after start of normal functioning of the Court. Heard learned counsel for the petitioner and Mr. Arun Kumar Singh, learned APP for the State.
The petitioner in the present case is seeking regular bail in connection with Raniganj P.S. Case No. 359 of 2019 registered for the offences punishable under Section 302, 201/34 of the Indian Penal Code. Petitioner is in custody since 16.12.2020. He has otherwise no criminal antecedent. Learned counsel for the petitioner submits that as per the prosecution story, the informant has lodged this case on 8.2.2019 against 14 accused persons and other 20-25 unknown
Patna High Court CR. MISC. No.25494 of 2021(2) dt.24-09-2021 2/3 persons that all the accused persons have committed murder of his sister and disposed of her dead body.
Learned counsel submits that the petitioner is innocent and has falsely been implicated in the present case. It is submitted that one of the co-accused Ranjit Nonia disclosed the name of this petitioner along with others as a member of mob. Petitioner is in custody since 16.12.2020 having no criminal antecedent.
Learned APP for the State has opposed the prayer for regular bail of the petitioner.
Having regard to the facts and circumstances of the case wherein it is the submission of learned counsel for the petitioner that the petitioner is not named in the FIR and the entire allegations against the petitioner is based on the statement of one Ranjit Nonia in which the petitioner has been described as a member of the mob, the submission being that the allegations are general and omnibus and several co-accused have been granted privilege of bail by learned coordinate Benches of this Court in Cr. Misc Nos. 33453 of 2020, 34507 of 2020, 32407 of 2020 whereas the petitioner who has otherwise no criminal antecedent has remained in jail since 16.12.2020 and investigation against him is complete, this Court directs
Patna High Court CR. MISC. No.25494 of 2021(2) dt.24-09-2021 3/3 release of the petitioner above named on bail on furnishing of bail bonds of Rs. 25,000/- (Rupees Twenty Five Thousand Only) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-VI, Araria in connection with Raniganj P.S. Case No. 359 of 2019, subject to the conditions as laid down under Section 437(3) Cr.P.C.
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 antecedent, 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. The application stands allowed.
(Rajeev Ranjan Prasad, J) SONALI/- U T Note: The ordersheet duly signed has been attached with the record. However, in view of the present arrangements, during Pandemic period all concerned shall act on the basis of the copy of the order uploaded on the High Court website under the heading 'Judicial Orders Passed During The Pandemic Period'.