Rishik Raj @ Risheek Raj v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.69660 of 2024 Arising Out of PS. Case No.-200 Year-2024 Thana- MITHANPURA District- Muzaffarpur ====================================================== Rishik Raj @ Risheek Raj S/o Vijay Kumar R/o Near Dr. M.B. Singh Clinic, Pratap Nagar, P.S. - Mehsaul, Distt. - Sitamarhi ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ajay Kumar Thakur, Mr.Vaishnavi Singh, Mr. Ritwik Thakur, Advocates.
For the Opposite Party/s :
Mr.Shahabuddin Azeem @ S. Azeem ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 05-10-2024 Heard Mr. Ajay Kumar Thakur, learned counsel for the petitioner and the State.
2. The petitioner is in judicial custody in connection with Mithanpura P.S. Case No.200 of 2024 for the offences punishable under Sections 318(4),338, 336(3) and 340(2) and 61 of the Bhartiya Syaya Sanhita and section 10 of Bihar Conduct of Examination Act, 1981 lodged on 07.07.2024 by the informant, Md. Sakil Ahmad.
3. As per the prosecution story, the informant, the Centre Superintendent, lodged the FIR alleging that this petitioner was appearing on behalf of one Md. Fazlullah in CTET examination which was held in the month of July, 2024. As the photo mismatched, he was interrogated and handed over to the police which followed the FIR.
Patna High Court CR. MISC. No.69660 of 2024(2) dt.05-10-2024 2/3
4. Learned counsel for the petitioner submits that merely on suspicion, he has been taken into custody, has no connection with Md. Fazlullah and he being the student was roaming around, has been implicated. He has got no criminal antecedent and is in custody since 08.07.2024 (para-1 of the petition).
5. Learned APP opposes the prayer stating that he was caught with the admit card of Md. Fazlullah.
6. Though allegation is there, the petitioner has undertaken to diligently appear in trial, he is student, already remained in custody since 08.07.2024, has no criminal antecedent this Court is inclined to extend him the privilege of bail.
7. Let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of like amount each to the satisfaction of learned Judicial Magistrate-1st Class, (East) Muzaffarpur, in connection with aforesaid P.S. Case subject to the following conditions: (i) one of the bailors should be the family member of the petitioner who shall provide official document to show his bona fide;
(ii) the petitioner shall appear on each and every date
Patna High Court CR. MISC. No.69660 of 2024(2) dt.05-10-2024 3/3 before the Trial Court and failure to do so for two consecutive dates without plausible reason will entail cancellation of his bail bond by the Trial Court itself;
(iii) the petitioner shall in no way try to induce or promise or threat the witnesses or tamper with the evidences, failing which the State shall be at liberty to take steps for cancellation of the bail bonds;
(iv) the petitioner shall desist from committing any criminal offence again, failing which the State shall be at liberty to take steps for cancellation of his bail bonds. (Rajiv Roy, J) perwez U T