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Patna High CourtCR. MISC./72425/2023allowed

Mithilesh Rishi @ Mithilesh Rishi Dev v. The State Of Bihar

2023-11-30Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.72425 of 2023 Arising Out of PS. Case No.-66 Year-2022 Thana- BHAWANIPUR District- Purnia ====================================================== Mithilesh Rishi @ Mithilesh Rishi Dev S/O Late Bechan Rishidev VillageChhoti Dumra, Dumra Mahabal, Ps. Akbarpur, Dist. Purnea ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Amit Kumar Mishra, Advocate For the Opposite Party/s :

Mr. Mohammed Arif, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 30-11-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 147, 148, 325, 341, 323, 324, 307 and 506 of the Indian Penal Code.

3. It is submitted by learned counsel for the petitioner that no such occurrence as alleged ever took place. Petitioner has been falsely implicated in this case. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. Similarly situated co-accused, namely, Kamla Devi, Anil Mehta have been enlarged on bail by a co-ordinate Bench of this Court vide order dated 10.11.2022 passed in Cr. Misc. No. 37961 of 2022 and Ajay Poddar, Sumar Kumar & Bhola Thakur have been enlarged on bail by a co-ordinate Bench of

Patna High Court CR. MISC. No.72425 of 2023(2) dt.30-11-2023 2/2 this Court vide order dated 02.12.2022 passed in Cr. Misc. No. 39967 of 2022. Petitioner has no criminal antecedent as mentioned in para-3 of this application.

4. Learned APP for the State opposes the prayer for bail.

5. Having regard to the facts and circumstances of the case, considering similarly situated co-accused have been granted bail, let the above named petitioners, be released on bail, in the event of their 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) each with two sureties of the like amount each to the satisfaction of the learned lower Court where the case is pending/successor Court in connection with Bhawanipur P.S. Case No. 66 of 2022, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

(Anjani Kumar Sharan, J) annpurna/- U T