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2025 DAILYLAW 84313 (PAT)

Satendra Rikiyasan @ Satendra Bhuiya @ Satyendra Rikiyasan v. The State of Bihar

CR. MISC./83996/2024 · 2025-02-21

Partha Sarthy

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Judgment text

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.83996 of 2024 Arising Out of PS. Case No.-39 Year-2020 Thana- DEV District- Aurangabad ====================================================== Satendra Rikiyasan @ Satendra Bhuiya @ Satyendra Rikiyasan S/o- Harilal Rikiyasan @ Horal Bhuiyan R/O Village- Bishunbandh, P.S-Deo, District- Aurangabad. ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Mukul Kumari, Advocate For the Opposite Party/s : Mr. Ram Sumiran Rai, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 5 21-02-2025 1. Heard learned counsel for the parties. 2. The petitioner in this application prays for grant of anticipatory bail apprehending his arrest in connection with Dev P.S. Case no.39 of 2020 registered for the offence punishable under sections 302, 307, 504, 147, 148, 149, 341, 323, 324 and 354 of the Indian Penal Code. 3. As per the prosecution case, it is stated that four named accused persons misbehaved with Lalita Kumari and Shushma Kumari. On hulla being raised all of them escaped. It is stated that subsequently other eight named accused persons including the petitioner herein came and brutally assaulted the informant and others as a result of which two persons died in the occurrence. 4. Learned counsel for the petitioner submits that Patna High Court CR. MISC. No.83996 of 2024(5) dt.21-02-2025 2/2 the petitioner has been falsely implicated in the case. So far as the first part of the occurrence is concerned, the petitioner is not named therein. In the subsequent part of the FIR the allegations are general and omnibus in nature. Coaccused Sarwan Bhuiya and Vickky Bhuiyan have been enlarged on regular bail vide order dated 8.6.2022 passed in Cr. Misc. no.150 of 2022. The petitioner has no criminal antecedent. 5. The application for bail is opposed by learned APP for the State who submits that besides the petitioner being named in the FIR the assault by the accused persons including this petitioner has led to two deaths. 6. Having heard learned counsel for the parties and taking into consideration the allegations in the F.I.R. wherein the petitioner is a named accused, the assault by the coaccused having led to two deaths and in a case of the year 2020 the petitioner having moved for anticipatory bail in the year 2024, the Court is not inclined to enlarge the petitioner on bail and the application is rejected. 7. The petitioner is directed to surrender in the learned Court below within a period of four weeks. Bibhash/- (Partha Sarthy, J) U