Pandav Rishideo @ Pandav Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.74280 of 2022 Arising Out of PS. Case No.-59 Year-2021 Thana- RANIGANJ District- Araria ====================================================== 1.

Pandav Rishideo @ Pandav Kumar Son of Lirthi Rishideo R/v- Gidhwas @ Gitwas Mushhari Tola, P.S.- Raniganj, District- Araria 2.

Sumit Rishideo @ Sumit Kumar Son of Kulanand Rishideo R/v- Gidhwas @ Gitwas Mushhari Tola, P.S.- Raniganj, District- Araria ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Viveka Nandsingh For the Opposite Party/s :

Mr.Amit Kumar Rakesh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 03-07-2023 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners have prayed for regular bail in a case registered for the offence punishable under Sections 302, 201/34 of the Indian Penal Code.

As per prosecution case, the allegation against the petitioners and other co-accused is that they had committed murder of the informant's husband and they have thrown the dead body in maize field.

Learned counsel for the petitioners submits that the petitioners are innocent and have committed no offence. They have falsely been implicated in this case due to dirty

Patna High Court CR. MISC. No.74280 of 2022(3) dt.03-07-2023 2/3 village politics. The informant is not the eye witness of the alleged occurrence. According to statement of informantwitness Bal Krishn Sah, which is mentioned in paragraph 16 of the case diary, he has stated that on 23.2.2021, he had seen that petitioners were not holding any weapons in their hand and they were assaulting the deceased by fists and slaps and got down the deceased on the road. Thereafter, deceased started to follow the accused persons including the petitioners and thereafter he did not return. On next day, his dead body was found. Save and except suspicion, nothing has come against the petitioners during investigation to show their complicity. Petitioners have no intention to kill the deceased. They have got no criminal antecedent and both are languishing in judicial custody for more than nine months.

Learned APP appearing for the state has opposed the prayer of regular bail.

Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as period of custody of the petitioners, this court is inclined to enlarge the petitioners on bail. The above named

Patna High Court CR. MISC. No.74280 of 2022(3) dt.03-07-2023 3/3 petitioners are directed to be released on bail in connection with Raniganj P.S. Case No.59 of 2021on furnishing bail bond of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned A.C.J.M-VI, Araria.

(Sunil Kumar Panwar, J) lata/- U T