Jai Krishna Rishideo v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.67781 of 2023 Arising Out of PS. Case No.-277 Year-2022 Thana- UDAKISHUNGANJ DistrictMadhepura ====================================================== JAI KRISHNA RISHIDEO Son of Belo Rishideo @ Belo Rishidev R/o vill - Teldiha, ward no. 7, P.S. - Uda Kishunganj, Distt. - Madhepura ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Sanjay Kumar Singh, Advocate For the Opposite Party/s :
Mr. Dilip Kumar No.1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 24-01-2024 Heard Mr. Sanjay Kumar Singh, learned counsel for the petitioner and Mr. Dilip Kumar No. 1, learned A.P.P. for the State.
2. The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 341, 323, 504, 506, 34 of the Indian Penal Code and Section 25(1-b)a, 35, 27 of the Arms Act.
3. As per the prosecution case, it is alleged that all the accused persons including the petitioner, armed with deadly weapon, riding on two motorcycles came to village Tirasi and ordered for fishing from the pond, which was protested by the villagers. On protest being made, all the accused persons made indiscriminate firing.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. The allegation levelled against the petitioner is not
Patna High Court CR. MISC. No.67781 of 2023(3) dt.24-01-2024 2/2 specific rather general and omnibus in nature. He submits that there is no specific overt act against the petitioner. Similarly situated co-accused has been enlarged on bail by a co-ordinate bench of this court vide order dated 09.11.2023 passed in Cr. Misc. No. 70648 of 2023. Petitioner has one criminal antecedent as mentioned in para-3 of this application.
5. Learned APP for the State opposes prayer for anticipatory bail.
6. Considering 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 Uda Kishunganj P.S. Case No. 277 of 2022, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.
(Anjani Kumar Sharan, J) anand/- U T