Sikandar Rishi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.59025 of 2022 Arising Out of PS. Case No.-324 Year-2020 Thana- KORHA District- Katihar ====================================================== SIKANDAR RISHI SON OF LATE JHAGAN RISHI R/O VILLAGEPARMANANDPUR GHAT TOLA, P.S.- KORHA, DISTRICT- KATIHAR ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Raghvendra Kumar Singh, Adv.

For the Opposite Party/s :

Mr.Madhura Nand Jha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 13-01-2023 Heard the learned counsel for the petitioner and the learned APP for the State. The petitioner seeks regular bail in connection with Korha P.S. Case No. 324 of 2020, registered for the offence punishable under Sections 341, 342, 328 302, 34 of the Indian Penal Code and Section 9 of the Prevention of Witch Act.

The allegation is regarding the accused persons including the petitioner herein having administered poisonous substance along with human feces to the father of the informant on account of which he died.

Patna High Court CR. MISC. No.59025 of 2022(2) dt.13-01-2023 2/3 The learned counsel for the petitioner has submitted that the petitioner is innocent, he has been falsely implicated in the present case, he is having a clean antecedent and he is languishing in custody since 09.05.2022. It is submitted that a general and omnibus allegation has been levelled against the petitioner and all the coaccused persons except the petitioner have been granted bail by co-ordinate Benches of this Court, vide orders dated 12.07.2021 and 21.01.2022 passed in Criminal Miscellaneous No. 36799 of 2020 and Criminal Miscellaneous No.

49039 of 2021, respectively.

Per contra, the learned APP for the State has vehemently opposed the prayer for bail.

Having regard to the facts and circumstances of the case, considering the submissions made by the learned counsel for the petitioner and taking into account the materials on record as also considering the parity of the case of the petitioner with that of the co-accused persons, who have already been granted bail by

Patna High Court CR. MISC. No.59025 of 2022(2) dt.13-01-2023 3/3 co-ordinate Benches of this Court, I deem it fit and proper to direct for release of the petitioner on regular bail.

Accordingly, the above named petitioner is directed to be enlarged on bail on furnishing bail bonds of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Katihar in connection with Korha P.S. Case No. 324 of 2020.

(Mohit Kumar Shah, J) Ajay/Saurav U T