Rishikesh @ Rishikesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.25771 of 2025 Arising Out of PS. Case No.-383 Year-2024 Thana- NAUTAN District- West Champaran ====================================================== Rishikesh @ Rishikesh Kumar S/O Jitendra Sah @ Jitendra Prasad R/O Village- Gahiri, Police Station- Nautan District- West Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sarvesh Kashyap, Advocate For the Opposite Party/s :

Mr. Abhay Kumar Roy, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 20-05-2025 Heard Mr. Sarvesh Kashyap, learned counsel for the petitioner and Mr. Abhay Kumar Roy, learned Additional Public Prosecutor for the State.

2. The petitioner is apprehending his arrest in connection with Nautan P.S. Case No. 383 of 2024, F.I.R. dated 14.10.2024 for the offences punishable under Sections 304(2) and 3(50 of the B.N.S.

3. According to prosecution case, some unknown miscreants took the motorcycle of the informant when he was returning from Bajari Patti.

4. Learned counsel for the petitioner submits that petitioner has clean antecedent and he has falsely been implicated in the present case on the basis of the disclosure made by the local people and except the aforesaid, no other

Patna High Court CR. MISC. No.25771 of 2025(2) dt.20-05-2025 2/3 cogent material has come during investigation, which suggests the involvement of the petitioner in the present occurrence.

5. The learned Additional Public Prosecutor has vehemently opposed the prayer for bail of the petitioner.

6. Considering the aforesaid facts, the petitioner has clean antecedent and the name of the petitioner has been transpired on the basis of disclosure made by the local people, let the petitioner, above named, in the event of arrest or surrender before the court below within a period of thirty days from the date of receipt of the order, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Bettiah, West Chamaparan in connection with Nautan P.S. Case No. 383 of 2024, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure/482(2) of the B.N.S.S., 2023 and with other following conditions:- i. Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the court and on his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the Court below.

Patna High Court CR. MISC. No.25771 of 2025(2) dt.20-05-2025 3/3 ii. If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

iii. 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.

(Rajesh Kumar Verma, J) Jyoti Kumari/- U T