Prakash Rishideo v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.56614 of 2024 Arising Out of PS. Case No.-390 Year-2023 Thana- RANIGANJ District- Araria ====================================================== Prakash Rishideo Son Of Basdeo Rishideo Village- Parihari, Ward No. 7, PsRaniganj, Dist- Araria ... ... Petitioner
Versus
The State of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioner :
Mr.Arvind Kumar For the Opposite Party :
Mr.Yogendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 31-08-2024 Heard learned counsel for the petitioner and learned A.P.P for the State.
2. The petitioner has preferred this application for grant of regular bail in connection with Raniganj P.S. Case No. 390 of 2023 dated 05.10.2023 registered for the offences punishable u/ss 307 of the Indian Penal Code and Section 3/4 of the Explosive Substance Act.
3. As per the prosecution case, the informant's son along with other children of village had gone to bank of canal to bring firewood then they saw something in an old plastic bag near babul tree, in course of collecting firewood, there was explosion in bag and five children including the informant's son sustained injuries. Thereafter, the injured was taken to the
Patna High Court CR. MISC. No.56614 of 2024(2) dt.31-08-2024 2/3 hospital for treatment. It is further alleged that dacoity was held in the house of one Rinku Nayak 15 to 16 days ago and articles of Rinku Nayak were also found near place of occurrence. It is alleged that the miscreants threw the bomb in bush near canal in course of fleeing away.
4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. The petitioner is not named in the F.I.R. The name of the petitioner has sprung up in the confessional statement of the co-accused, Manoj Sah. Nothing has been recovered from the conscious possession of the petitioner. No T.I.P. has been conducted by the prosecution. The other co-accused person has already been granted bail by this court vide order dated 16.05.2024 passed in Cr. Misc. No. 35089/2024. The petitioner has three criminal antecedents and he is on bail in all the aforesaid cases as stated in para 3 of the bail petition. The petitioner is in custody since 07.12.2023.
5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.
6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond
Patna High Court CR. MISC. No.56614 of 2024(2) dt.31-08-2024 3/3 of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Araria in connection with Raniganj P.S. Case No. 390 of 2023.
7. The application stands allowed.
(Chandra Prakash Singh, J) atul/- U T