Bijay Rishidev v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.38545 of 2024 Arising Out of PS. Case No.-227 Year-2023 Thana- FORBESGANJ District- Araria ====================================================== Bijay Rishidev son of Bishnu Deo Rishideo Village- Dholbajja 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. Pankaj Kumar Jha, Adv.
For the Opposite Party/s :
Mr. Chandra Sen Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 13-09-2024 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner seeks bail in a case registered for the offence punishable under Sections 302, 201/34 of the Indian Penal Code.
3. As per the prosecution case, the petitioner along with other co-accused persons are alleged to have killed the son of the informant.
4. Learned counsel for the petitioner submits that no such occurrence as alleged ever took place. He is quite innocent and has been falsely implicated in this case. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. He submits that there is no eyewitness in the present case. He further submits that petitioner
Patna High Court CR. MISC. No.38545 of 2024(5) dt.13-09-2024 2/3 has been made accused in the present case merely on the basis of strong suspicion. The petitioner has no criminal antecedent and has been languishing in custody since 22.02.2024.
5. Learned APP for the State opposed the bail petition.
6. Considering the facts aforesaid, the above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five 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 Forbesganj P.S. Case No. 227 of 2023 subject to the following conditions : (i) One of the bailors will be his own blood relative, preferably, father, mother, brother, sister and/or his wife.
(ii) The petitioner shall not indulge himself in any similar offence till conclusion of the trial. (iii) The petitioner shall remain physically present in court on each and every date during trial and in the event of failure on two consecutive dates without sufficient reasons, his bail bonds shall be liable to be cancelled by the learned court concerned.
Patna High Court CR. MISC. No.38545 of 2024(5) dt.13-09-2024 3/3 (iv) The petitioner shall co-operate with the investigation, if not already concluded and make himself available and when so required and in case of failure, the State shall be at liberty to move for cancellation of bail. (v) The petitioner will mark his attendance in the local police station in first week of every month till conclusion of trial, failing which the prosecution will be at liberty to move cancellation of his bail bond.
(Anjani Kumar Sharan, J) anand/- U T