Rishi Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.29357 of 2023 Arising Out of PS. Case No.-175 Year-2020 Thana- JALALPUR District- Saran ====================================================== RISHI PRASAD S/o Brahamdev Prasad R/o Village - Manpur - Gamhariya, Police Station - Jalalpur, District - Saran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Shubhesh Pandey, Advocate For the Opposite Party/s :

Mr. Chandra Bhushan Prasad, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 13-07-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 302 and 201/34 of the Indian Penal Code.

Learned counsel for the petitioner submits that petitioner has antecedent of one case.

The informant alleges that he has a pond for breeding fishes and his son had gone to see the pond but did not return. Later, on search, the dead body of his son was found in the pond thus alleges on basis of suspicion that accused persons including the petitioner on account of previous enmity killed his son and threw the dead body in the pond to erase the evidence.

Learned counsel for the petitioner submits that petitioner has been falsely implicated in the present case. It is further submitted that the petitioner is not named in the FIR and the entire allegation

Patna High Court CR. MISC. No.29357 of 2023(2) dt.13-07-2023 2/2 hinges around suspicion. It is next submitted that it absolutely does not stand to reason that after committing murder of the son of the informant his dead body would have been thrown in the pond which is alleged to be belonging to the informant. It is further submitted that during the course of investigation also no one named the petitioner but all of a sudden in the supervision note of the Dy.S.P. his name transpired. It is next submitted at the cost of repetition that at best the entire allegation hinges around suspicion. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.

Considering the submissions made by the learned counsel for the petitioner, the petitioner above-named, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Jalalpur P.S. Case No. 175 of 2020, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) Kundan/- U T