Darogi Rishideo @ Bindeshwari Rishideo v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.2598 of 2025 Arising Out of PS. Case No.-140 Year-2023 Thana- BIHARIGANJ District- Madhepura ====================================================== Darogi Rishideo @ Bindeshwari Rishideo S/o Shatrughan Rishideo R/o Village- Tulsia, Ward No. 4, P.S.- Bihariganj, District- Madhepura ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Dinesh Prasad Verma, Advocate For the Opposite Party/s :

Mr.Shantanu Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 31-01-2025 Heard Mr.Dinesh Prasad Verma, learned counsel for the petitioner and Mr.Shantanu Kumar, learned Additional Public Prosecutor for the State.

2. The petitioner is apprehending his arrest in connection with Bihariganj PS Case No. 140 of 2023, FIR dated 10.06.2023, registered for the offences punishable under Sections 323, 341, 307, 325, 324, 379 and 506 read with Section 34 of the Indian Penal Code.

3. According to the prosecution case, the accused persons including the petitioner were ploughing the land of informant's father-in-law at gunpoint. It is further alleged that when the informant's family members forbade the accused persons in doing so, the co-accused persons assaulted them, causing injury. It is further alleged that when the informant went

2/4 to save them, the accused persons also assaulted her and took away her gold-chain worth Rs. 50,000/- (Rupees fifty thousand).

4. Learned counsel appearing for the petitioner submits that the petitioner has clean antecedent. He has falsely been implicated in the present case. The allegation as alleged in the FIR is false and fabricated and the petitioner has not committed any offence as alleged in the FIR. Further submits that although the petitioner is named in the FIR but from a bare perusal of the FIR it appears that there is no specific allegation of any assault or overt-act attributed against the petitioner rather there is general and omnibus allegation against all the accused persons including the petitioner and co-accused persons, namely, Bauku Rishideo and Ravi Rishideo have been granted privilege of anticipatory bail by this Court vide orders dated 24.07.2024 and 06.09.2024 passed in Cr. Misc. Nos.42706 of 2024 and 56409 of 2024.

5. Learned A.P.P. for the State has vehemently opposed the prayer for anticipatory bail of the petitioner.

6. Considering the aforesaid facts, petitioner has clean antecedent, there is no specific allegation of any assault or overt-act attributed against the petitioner and co-accused persons, namely, Bauku Rishideo and Ravi Rishideo have been

3/4 granted privilege of anticipatory bail by this Court, let the petitioner, above named, in the event of his arrest or surrender before the court below within a period of thirty days from the date of receipt of the order, be released on bail on furnishing bail bond of Rs.10,000 (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Udakishunganj in connection with Bihariganj PS Case No. 140 of 2023, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure/Section 482(2)of the BNSS, 2023 and with other following conditions:- (I) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court and shall remain physically present as directed by the Court and on his/her absence on two consecutive dates without sufficient reason, his/her bail bond shall be cancelled by the Court below. (II) If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

(III) And, further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage, it is found that the petitioner has concealed his/her criminal antecedent, the court below shall take step for

4/4 cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.

(Rajesh Kumar Verma, J) Nitesh/- U T