Patna High CourtCR. MISC./25068/2024bail granted

Hirday Rishideo v. The State Of Bihar

2024-04-03Mr. Justice R. P. Mishra3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.25068 of 2024 Arising Out of PS. Case No.-25 Year-2023 Thana- UDAKISHUNGANJ District- Madhepura ====================================================== Hirday Rishideo son of Yogendra Rishideo Village- Laxmipur W.No-21, PsUdakishunganj Madhepura ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Uday Chand Prasad, Adv.

For the Opposite Party/s :

Ms.Renu Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 03-04-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with S.T. No. 261 of 2023 arising out of Udakishunganj P.S. Case No. 25 of 2023 instituted for the offences under Sections 302, 201/34 of the Indian Penal Code.

3. The allegation against the petitioner is of being involved in the commission of murder of the son of the Informant.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence as alleged against him and has falsely been implicated in the present case due to suspicion. There is no eye-witness to the alleged

Patna High Court CR. MISC. No.25068 of 2024(2) dt.03-04-2024 2/3 occurrence. In the entire case diary, nothing has come against the present petitioner to be involved in the alleged occurrence. The petitioner has no concern with the alleged occurrence. The petitioner has no criminal antecedent as has been stated in paragraph no.3 of the present bail application. The petitioner is languishing in judicial custody since 09.07.2023. Charge-sheet has been submitted against the petitioner.

5. Learned counsel for the petitioner again submits that the co-accused Birbal Rishidev has been granted bail by this Court vide order dated 07.03.2024 passed in Cr. Misc. No. 14241 of 2024.

6. On the other hand, learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner stating that there is direct and serious nature of allegation against the petitioner of being involved in the murder of the Informant's son and, hence, he does not deserve bail.

7. Having heard rival contention of both the parties and considering the entire facts and circumstances of the case as also taking into account the period of custody of the petitioner and the petitioner having no criminal antecedent as also claim for bail based on parity, let the petitioner, abovenamed, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten

Patna High Court CR. MISC. No.25068 of 2024(2) dt.03-04-2024 3/3 thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with S.T. No. 261 of 2023 arising out of Udakishunganj P.S. Case No. 25 of 2023.

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