Ishwar Rabidash @ Md. Raja v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.72847 of 2025 Arising Out of PS. Case No.-487 Year-2022 Thana- LAHERIMUHALLA District- Nalanda ====================================================== Ishwar Rabidash @ Md. Raja S/o Krishan Rabidash @ Md. Sakil @ Krishna Das Resident of Village- Mahalpar (Kherabad), P.S.- Bihar, District- Nalanda at Biharsharif ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sheo Kumar Prasad, Advocate For the Opposite Party/s :

Mr. Tapeshwar Sharma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 13-10-2025 Heard learned counsel for the petitioner and learned APP for the State.

2.

The petitioner seeks bail in connection with Laheri P.S. Case No. 487 of 2022 instituted for the offence under Sections 394, 307, 395, 397 of the Indian Penal Code and 27 of the Arms Act.

3.

The allegation against the accused persons is of committing dacoity, and while committing so, the accused opened fire upon the informant and his family members, causing bullet injuries.

4.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 19.07.2025. Petitioner bears seven criminal antecedents, as per disclosure made in

Patna High Court CR. MISC. No.72847 of 2025(2) dt.13-10-2025 2/3 paragraph No. 3 of the bail application.

5.

It has been further submitted by the petitioner's counsel that petitioner has been falsely implicated in the present case. Petitioner is not named in the F.I.R. The name of the petitioner transpired in this case on the basis of confessional statement of co-accused, namely, Md. Chhotu @Shahbaj, who has been granted bail by this Court vide order dated 04-12-2023 passed in Cr. Misc. No. 76608 of 2023. Other co-accused has also been granted bail by Co-ordinate Bench of this Court vide order dated 07-08-2023, passed in Cr. Misc. No. 47223 of 2023. 6.

Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner. 7.

Considering the aforesaid facts and circumstances of the case, period of custody of the petitioner and claim based on parity, this Court is inclined to grant bail to the petitioner. 8.

Let the petitioner be released on bail, after framing of charge, if not already framed, on furnishing bail bonds of Rs. 15,000/- (Rupees Fifteen Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Laheri P.S. Case No. 487 of 2022 subject to the following conditions: (I) One of the bailors shall be own/close member of the

Patna High Court CR. MISC. No.72847 of 2025(2) dt.13-10-2025 3/3 family of the petitioner.

(II) The petitioner shall appear on each and every date fixed at the trial. In case of default in such appearance on two consecutive dates, the Trial Court will have liberty to cancel the bail bonds of the petitioner. (Rudra Prakash Mishra, J) Alok Verma/- U T