Barhamdeo Risideo v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.44969 of 2022 Arising Out of PS. Case No.-107 Year-2021 Thana- RANIGANJ District- Araria ====================================================== BARHAMDEO RISIDEO Son of Late Kamleshwari Risideo Resident of village - Sarwaha, Ward No.- 1, Barbanna, P.S.- Raniganj, Dist.- Araria. ... ... Petitioner/s
Versus
The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Gopal Kumar Jha For the Opposite Party/s :
Mr.Jai Narain Thakur ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL ORDER 07-12-2022 Let the defect(s), as pointed out by the office, be removed within a period of four weeks from today. Heard learned counsel for the petitioner and learned A.P.P. for the State.
The petitioner seeks bail in connection with Raniganj P.S. Case No. 107 of 2021 registered for the offences punishable under Sections 147, 148, 149, 341, 323, 302, 504 of the I.P.C.
As per prosecution case, petitioner and other accused persons came at the house of informant and started abusing. It is further alleged that petitioner alongwith others assaulted the informant's father by means of iron rod and Bhala (javelin) due to previous enmity, thereafter, informant's father was brought to hospital where he died.
Patna High Court CR. MISC. No.44969 of 2022(2) dt.07-12-2022 2/3 Learned counsel for the petitioner submits that petitioner is in custody since 13.05.2022. Petitioner bears no criminal antecedent. Charge sheet has already been submitted in the case and there is no likelihood of tampering with the prosecution evidence. Learned counsel further submits that allegation against the petitioner is general and omnibus. There is no specific overt-act against the petitioner. The petitioner is innocent and has falsely been implicated in the present case. Learned counsel further submits that co-accused Anmol Risideo alias Udyanand Risideo has already been granted bail vide Cr. Misc. No. 33556 of 2022 by a co-ordinate bench of this Court and the case of present petitioner stands on similar footing. The learned A.P.P.
for the State vehemently opposes the prayer for bail of the petitioner.
Patna High Court CR. MISC. No.44969 of 2022(2) dt.07-12-2022 3/3 on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M. VI, Araria in connection with Raniganj P.S. Case No. 107 of 2021, subject to following conditions:- (i) One of the bailors shall be either father or mother or sister or brother or wife or the person who has sworn the affidavit in bail application.
(ii) Petitioner will co-operate in trial and will remain present on all dates and absence for two consecutive dates without appropriate permission would be a ground for cancellation of bail by the learned Trial court itself. (iii) 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.
(Alok Kumar Pandey, J) amitkr/- U T