Patna High CourtCR. MISC./46568/2021dismissed

Brahamdeo Rishideo v. The State Of Bihar

2022-02-11Mr. Justice Sandeep Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.46568 of 2021 Arising Out of PS. Case No.-107 Year-2021 Thana- RANIGANJ District- Araria ====================================================== 1.

Brahamdeo Rishideo, S/O Late Kamleshwari Rishideo. 2.

Anmol Rishideo @ Udayanand Rishideo S/o Ramshree Rishideo R/o village- Sarwaha Tola, Ward No. 1, P.S.- Raniganj, District- Araria 3.

Bimal Rishideo @ Pultha S/o Ramshree Rishideo R/o village- Sarwaha Tola, Ward No. 1, P.S.- Raniganj, District- Araria ... ... Petitioners

Versus

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

For the Petitioner :

Mr. Gopal Kumar Jha, Advocate For the Opposite Party :

Mr. Rajiv Nayan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 11-02-2022 Heard learned counsel for the parties through video conferencing.

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

This application for anticipatory bail arises out of Raniganj P.S. Case No. 107 of 2021 for the offence punishable under Sections 147, 148, 149, 341, 323, 302, 504 of the Indian Penal Code.

Learned counsel for the petitioners seeks permission to withdraw this bail application on behalf of petitioner no.2, above named, who has been arrested.

Patna High Court CR. MISC. No.46568 of 2021(2) dt.11-02-2022 2/2 Accordingly, this bail application is dismissed as withdrawn as against petitioner no.1, above named. As per the F.I.R., the petitioner nos. 1 and 3 are said to have assaulted the deceased with various weapons due to which he died.

In view of the law laid down by the Apex Court in the case of Jai Prakash Singh vs. State of Bihar & Anr. Reported in (2012) 4 SCC 379, I am not inclined to grant anticipatory bail to the petitioner nos. 1 and 3 as they have actively participated in the crime.

Accordingly, this anticipatory bail application is dismissed.

(Sandeep Kumar, J) pawan/- U T