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Patna High CourtCR. MISC./69112/2022allowed

Babulal Risideo @ Babuwan Risideo @ Babban Risideo v. The State Of Bihar

2023-03-20Mr. Justice Sunil Kumar Panwar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.69112 of 2022 Arising Out of PS. Case No.-107 Year-2021 Thana- RANIGANJ District- Araria ====================================================== BABULAL RISIDEO @ BABUWAN RISIDEO @ BABBAN RISIDEO S/O LATE SHIBU RISIDEO Resident of village- Sarwaha Tola, Ward no- 1, Barbanna, P.S.- Raniganj, District- Araria.

... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 71784 of 2022 Arising Out of PS. Case No.-107 Year-2021 Thana- RANIGANJ District- Araria ====================================================== SANDEO RISIDEO Son of Late Batohi Risideo R/v- Sarwaha Tola ( Barbanna), Ward No. 1, P.S.- Raniganj, District- Araria ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

(In CRIMINAL MISCELLANEOUS No. 69112 of 2022) For the Petitioner/s :

Mr.Mrigendra Kumar For the Opposite Party/s :

Mr.Ashok Kumar Singh (In CRIMINAL MISCELLANEOUS No. 71784 of 2022) For the Petitioner/s :

Mr.Mrigendra Kumar For the Opposite Party/s :

Mr.Dashrath Mehta ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 20-03-2023 Heard learned counsel for the petitioners and learned APP for the State.

The petitioner has prayed for bail in a case instituted for the offence under Sections 147, 148, 149, 341, 323, 302 and 504 of the Indian Penal Code.

As per allegation in the FIR, several accused persons

Patna High Court CR. MISC. No.69112 of 2022(4) dt.20-03-2023 2/3 including the petitioners armed with various weapons came at the house of the informant and started abusing and assaulting to informant's father by giving him repeated iron rod blow and bhala as a result of which he succumbed to injuries. It is submitted by learned counsel for the petitioners that petitioners have been falsely implicated in this case. They have committed no offence. No specific allegation of assaulting against the petitioners. There is general and omnibus allegation against them. They have no criminal antecedent. Similarly situated other accused person has already been enlarged on bail by another Bench of this Court vide order dated 7.12.2022 passed in Cr. Misc. No. 44969 of 2022. Petitioners are languishing in judicial custody for more than a year. The application for bail is opposed by learned APP for the State.

Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioners on bail. The above named petitioners are directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) each with two sureties of the like amount each to the satisfaction of the learned District & Sessions Judge, Araria in connection with S.T. No.

Patna High Court CR. MISC. No.69112 of 2022(4) dt.20-03-2023 3/3 132 of 2022 arising out of Raniganj P.S. Case No. 107 of 2021. (Sunil Kumar Panwar, J) sushma/- U