Mani Rishidev @ Mani Kant Rishidv v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.37568 of 2022 Arising Out of PS. Case No.-92 Year-2020 Thana- MURLIGANJ District- Madhepura ====================================================== MANI RISHIDEV @ MANI KANT RISHIDV SON OF LATE DAROGI RISHIDEV RESIDENT OF VILLAGE AND P.O.- BISHANPUR PARWA, P.S.- MURLIGANJ, DISTRICT- MADHEPURA ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Uday Chand Prasad For the Opposite Party/s :

Mr.Ram Sevak Choudhary ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 29-09-2022 Learned counsel for the petitioner is permitted to remove defect (s), as pointed out by the office, if any, within a period of four weeks on resumption of physical mode. Heard learned counsel for the petitioner and learned A.P.P for the State.

The petitioner has preferred this application for grant of regular bail in a case registered under sections 302 read with 34 of the Indian Penal Code.

As per the prosecution case, three decimals of land was allotted to the informant's mother-in-law for construction of house upon which the petitioner Mani Rishidev and Gajendra Rishidev forcibly constructed their house. It is further alleged that on 17.03.2020 co-accused Pramod Kumar Rishidev took away the informant's son by enticing and his dead body was found next day.

Patna High Court CR. MISC. No.37568 of 2022(2) dt.29-09-2022 2/2 Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case on account of land dispute. Nothing has been recovered from the conscious possession of the petitioner. The other coaccused person has already been granted bail by the Co-ordinate Bench vide order dated 30.03.2022 passed in Criminal Misc. No. 57019 of 2021. The petitioner has clean antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 18.01.2021.

Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

Considering the aforesaid facts and circumstances of the case as well as the period of detention, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Madhepura in connection with Murliganj P.S. Case No. 92 of 2020.

The application stands allowed.

(Chandra Prakash Singh, J) atul/- U T