Patna High Court
Dayanand RishideoversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SHAILENDRA SINGH
Holding
The court granted regular bail to the petitioner in the murder case.
Summary
The petitioner, Dayanand Rishideo, applied for regular bail in a murder case (Section 302 IPC) registered on 06.06.2024. He claimed innocence, stating there were no eyewitnesses and that the informant had retracted his earlier allegations before the trial court. The State opposed the bail, but the court considered the informant's deposition, the lack of prior criminal record, completion of the investigation, and medical findings from the post‑mortem report. Finding the circumstances favorable, the court ordered the petitioner to be released on bail upon furnishing a bond of Rs. 20,000 with two sureties. The bail order was pronounced by Justice Shailendra Singh.
Issues considered
- Whether regular bail can be granted to an accused of murder under Section 302 IPC given the claim of innocence and lack of eyewitness testimony
Legislation cited
- Indian Penal Code — s. 302
Subjects
- regular bail
- Section 302 IPC
- murder
- presumption of innocence
- informant testimony
- post-mortem report
- Criminal Procedure Code
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.90040 of 2025
Arising Out of PS. Case No.-184 Year-2024 Thana- UDAKISHUNGANJ District-
Madhepura
======================================================
Dayanand Rishideo, S/O Late Nago Rishideo, R/O village - Bhudhma
Panchayat Ward No.03, P.S - Uda Kishunganj, District - Madhepura
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ranjeet Kumar Singh, Adv.
For the Opposite Party/s : Mr. Brajendra Nath Pandey, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH
ORAL ORDER
2 13-01-2026 1. Heard Mr. Ranjeet Kumar Singh, learned counsel
for the petitioner and Mr. Brajendra Nath Pandey, learned APP for
the State.
2. The petitioner seeks regular bail in connection with
Uda Kishunganj P. S. Case No. 184 of 2024, dated 06.06.2024
registered for the offence punishable under Section 302 of the
Indian Penal Code.
3. The main submissions advanced by the petitioner's
counsel are that the petitioner is innocent and has not committed
any offence and he has been falsely implicated in this case, there is
no eyewitness to the alleged occurrence. It is further submitted that
the informant, in the trial court during the course of his
examination, has denied the allegation made against the petitioner.
It is lastly submitted that the petitioner has been in custody since
Patna High Court CR. MISC. No.90040 of 2025(2) dt.13-01-2026
2/2
07.06.2024, having no criminal antecedent and against him, the
investigation has been completed.
4. Learned APP appearing for the State has opposed the
bail prayer of the petitioner.
5. Considering the aforesaid submissions, averments
made in this application and mainly the deposition of the
informant before the Trial Court (a copy of which has been filed
with this petition as Annexure-P/2) in which the informant
deposed that his daughter was being treated well at her Sasural
and he got an information from the concerned Panchayat Mukhiya
regarding his daughter's suicide by her by hanging and also
coupled with petitioner's custody period and medical findings
given in the post-mortem report discussed in the order impugned,
this court is inclined to release him on bail. Accordingly, let the
petitioner named-above be enlarged on bail in connection with
Uda Kishunganj P. S. Case No. 184 of 2024 on furnishing bail
bond of Rs. 20,000/- (Rupees Twenty Thousand) with two sureties
of the like amount each to the satisfaction of the Court concerned.
(Shailendra Singh, J)
Rajiv/-
U T
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