Rishu Singh @ Risu Singh @ Rishu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.36325 of 2021 Arising Out of PS. Case No.-292 Year-2020 Thana- BELAGANJ District- Gaya ====================================================== RISHU SINGH @ RISU SINGH @ RISHU KUMAR S/O MAHENDRA SINGH R/o village- Mushi, P.S.- Tekari, District- Gaya. At present R/o Mohalla- Krishna Colony, P.S.- Belaganj, District- Gaya ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr.Makardhwaj Upadhyay For the Opposite Party/s :

Mr.Shailendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 25-07-2022 Learned counsel for the petitioner is directed to remove all the defects pointed out by the Stamp Reporter within one month. Heard learned counsel for the petitioner as well as Sri Shailendra Kumar, learned Addl.P.P. for the State. The petitioner apprehends his arrest in connection with Belaganj P.S. Case No. 292 of 2020, registered for the offences punishable under Sections 147, 148 149, 341, 323, 384, 504, 506 of the Indian Penal Code.

As per allegation, when the informant was going to Patna with his Truck loaded with iron rod etc and when he reached near Bela petrol pump, 10-15 unknown persons stopped his Truck, they badly assaulted him and snatched Rs. 10,000/- from his pocket. Learned counsel for the petition has submitted that the petitioner is innocent and has falsely been implicated.

Patna High Court CR. MISC. No.36325 of 2021(3) dt.25-07-2022 2/2 Learned Addl.P.P., Sri Shailendra Kumar, has submitted that the police instead of arresting the petitioner, required him to appear before the court below and the Police released the petitioner on bail under Section 41(1) of the Cr.P.C.

Petitioner is already on police bail as such this anticipatory bail petition is not maintainable. If the petitioner surrenders before the court below and makes a prayer for regular bail it shall be disposed of on its own merit without being prejudiced by this order.

Learned court below may take notice of the fact that during investigation, investigating authorities did not require custody of the present petitioner and granted bail to him. With these observations, the criminal miscellaneous petition is disposed of.

Office shall ensure that all defects are removed by the petitioner within the stipulated time provided in para-1 hereinabove, failing which the matter shall be brought to the notice of this Court. (Nawneet Kumar Pandey, J) SONALI/- U T