Shyamlal Rishideo v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.29823 of 2024 Arising Out of PS. Case No.-227 Year-2023 Thana- FORBESGANJ District- Araria ====================================================== Shyamlal Rishideo son of Bishnu Deo Rishideo Village- Katahara Ward No -01 P S- Forbesganj Distt-Araria ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Vijay Kishore Bharti For the Opposite Party/s :
Mr.Kalyan Shankar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 03-07-2024 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
2. The petitioner is apprehending his arrest in a case registered for the offence punishable under Sections 302, 201/34 of the Indian Penal Code.
3. Petitioner along with other accused persons are said to have killed the son of the informant.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case merely on suspicion. He submits that there is no eye witness of the alleged occurrence. He submits that occurrence took place on 12.03.2023 but the FIR has been lodged on 17.03.2023 after delay of 5 days without explaining any reasonable cause of delay. He further submits that petitioner has no criminal antecedent as stated in para-3 of the bail application.
Patna High Court CR. MISC. No.29823 of 2024(2) dt.03-07-2024 2/2
5. Learned APP for the State opposes the prayer for bail.
6. Considering the nature of offence, I am not inclined to enlarge the petitioner on bail. Accordingly, his prayer for anticipatory bail is rejected in connection with Forbesganj P.S. Case No. 227 of 2023.
7. However, if the petitioner surrenders before the learned court below within a period of six weeks from today and prays for regular bail, the same shall be considered by the learned court below on the same day without being prejudiced by this order.
(Anjani Kumar Sharan, J) devendra/- U T