Anmol Risideo @ Udyanand Risideo v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.33556 of 2022 Arising Out of PS. Case No.-107 Year-2021 Thana- RANIGANJ District- Araria ====================================================== Anmol Risideo @ Udyanand Risideo Son of Ramjee Risideo, Resident of Village - Sarwaha Tola, (Babanna), P.s.- Raniganj, Distt.- Araria. ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Anil Prasad Singh, Advocate For the Opposite Party/s :

Mr. Kumar Veerendra Narayan, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 22-09-2022 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

Learned counsel for the petitioner is permitted to remove the defect(s), as pointed out by the office, if any, within a period of four weeks from today.

Petitioner seeks bail in a case registered for the offences punishable under Sections 147, 148, 149, 341, 323, 302, 504 of the Indian Penal Code.

According to prosecution case, on 12.04.2021 seven named persons including the petitioner came at the house of one Ashok Risidev due to previous enmity and started to abuse and assault him and after catching hold of his father by means of iron rod which caused him injury and died.

Learned counsel for the petitioner submits that

Patna High Court CR. MISC. No.33556 of 2022(2) dt.22-09-2022 2/3 petitioner has clean antecedent and he has falsely been implicated in the present case. He further submits that it appears from the F.I.R. that there is general and omnibus allegation against all the accused persons including the petitioner. He further submits that there is no specific allegation of any assault or overt act against the petitioner. He further submits that it appears from the postmortem report that it does not support the prosecution story and the police after investigation submitted the charge sheet against the petitioner. The petitioner is in custody since 04.08.2021.

The learned Additional Public Prosecutor has vehemently opposed the prayer for bail of the petitioner. Considering the aforesaid facts and circumstances, let the petitioner, above named, 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 Court below where the case is pending in connection with Sessions Trial No. 29 of 2022 arising out of Raniganj P.S. Case No. 107 of 2021, subject to the following conditions:-

1. 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

Patna High Court CR. MISC. No.33556 of 2022(2) dt.22-09-2022 3/3 on his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the Court below.

2. 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.

3. 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) Vanisha/ Ravi U T