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Patna High CourtCR. MISC./63100/2023allowed

Rishav Kumar @ Rishav Raj v. The State Of Bihar

2023-10-19Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.63100 of 2023 Arising Out of PS. Case No.-102 Year-2021 Thana- NOWKOTHI GARHPURA DistrictBegusarai ====================================================== RISHAV KUMAR @ RISHAV RAJ SON OF BABAN SINGH RESIDENT OF VILLAGE - PAHSARA, P.S. - NAWKOTHI, DISTRICT - BEGUSARAI ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ashok Kumar, Adv.

For the Opposite Party/s :

Mr.Bishweshwar Ram, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 19-10-2023 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2.

The petitioner apprehends his arrest in a case registered for the offence punishable u/s 302, 120(B)/34 of the IPC and 27 of the Arms Act.

3.

As per the prosecution case, informant alleged that petitioner in conspiracy with other F.I.R. named accused persons killed her husband by indiscriminately firing upon him. 4.

It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has committed no offence. He has been falsely implicated in this case due to grudge. No such occurrence, in the manner as alleged, has ever taken place. The allegation leveled against the petitioner is not specific rather

Patna High Court CR. MISC. No.63100 of 2023(2) dt.19-10-2023 2/2 general and omnibus in nature. It is submitted that after investigation, the police has filed final form against the petitioner but the learned Court below differing with the same, took cognizance. Petitioner has no criminal antecedent and similarly situated co-accused namely Sudhir Singh @ Sudhir Kumar Singh has been granted anticipatory bail vide Cr. Misc. No.49846/2023 dated 25.08.2023.

5.

Learned APP for the State opposed the prayer for bail. 6.

Having regard to the facts and circumstances of the case, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/Successor Court in connection with Nawkothi P.S. Case No.102/2021, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Anjani Kumar Sharan, J) pallavi/- U T