Rishav Kumar @ Harshu @ Rishav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.75589 of 2019 Arising Out of PS. Case No.-210 Year-2019 Thana- SAMASTIPUR District- Samastipur ====================================================== Rishav Kumar @ Harshu @ Rishav Son of Late Ashok Ishwar, Resident of Mohalla- Bahadurpur, P.S.- Town Thana, District- Samastipur. ... ... Petitioner

Versus

The State of Bihar.

... ... Opposite Party ====================================================== Appearance :

For the Petitioner/s :

Mr.Ajay Kumar Thakur, Advocate Mr.Nilesh Kumar, Advocate Ms.S. Sinha, Advocate For the Opposite Party/s :

Mr.Dr.Mrityunjaya Kr.Gautam, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 26-11-2019 Heard learned counsel for the petitioner and learned A.P.P. for the State.

Petitioner in the present case is seeking anticipatory bail in connection with Nagar P.S. Case No. 210 of 2019 registered for the offences punishable under Sections 452, 341, 323, 354, 386, 307, 506 and 34 of the Indian Penal Code. Learned counsel for the petitioner submits that the petitioner has no concern with the alleged occurrence. It is submitted that brother of the petitioner namely Rohit Kumar @ Antu Isser was engaged in Scrap business with the informant and when differences took place between them the informant lodged this case against Rohit Kumar @ Antu Isser and being the brother the petitioner has also been roped in. It is further

Patna High Court CR. MISC. No.75589 of 2019(2) dt.26-11-2019 2/3 submitted that there is no allegation of firing against the petitioner. It is submitted that co-accused Rohit Kumar @ Antu Isser against whom there is allegation of firing is already in custody.

Learned A.P.P. for the State has opposed the prayer for bail.

Considering the facts and circumstances of this case, wherein it is the submission of learned counsel for the petitioner that the informant and brother of the petitioner has engaged together in Scrap business and on account of some business dispute between them the petitioner has been implicated and further that so far as the alleged occurrence is concerned, this petitioner is not said to have committed any assault either on the informant or any of the family members and that the co-accused Rohit Kumar @ Antu Isser against whom there is allegation of firing is already in custody, let the petitioner above named in the event of his arrest or surrender within a period of four weeks from today be enlarged on bail on furnishing bail bonds of Rs. 15,000/- (fifteen thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M., Samastipur in connection with Nagar P.S. Case No. 210 of 2019, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. i.e.

Patna High Court CR. MISC. No.75589 of 2019(2) dt.26-11-2019 3/3 (i) a condition that the person shall make himself available for interrogation by a police officer as and when required;

(ii) a condition that the person shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer;

(iii) a condition that the person shall not leave India without the previous permission of the Court. (Rajeev Ranjan Prasad, J) ved/- U T