Ritik Kumar @ Ayush Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.10971 of 2021 Arising Out of PS. Case No.-600 Year-2020 Thana- SIKARPUR District- West Champaran ====================================================== Ritik Kumar @ Ayush Kumar, S/o Anil Kumar, R/o village- High School Chowk Narkatiaganj Ward No. 13, P.S.- Shikarpur, District- West Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Brij Kishor Mishra, Advocate For the Opposite Party/s :

Mr.Anand Kishore Choudhary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 06-07-2021 The matter has been taken up today for consideration through video conferencing.

The learned counsels are appearing and making submissions from their residence. The Court Master and Secretary are also part of this virtual Court proceedings from their homes, all with the aid of audio visual technology. Heard learned Counsel for the petitioner and the learned APP for the State.

The petitioner seeks bail in connection with Shikarpur P.S. Case No.600 of 2020 registered for the offence punishable under Section 379 of the Indian Penal Code. The prosecution case is that the informant's motorcycle has been stolen while it was parked. The name of the petitioner has surfaced on the confessional statement of co-

Patna High Court CR. MISC. No.10971 of 2021(2) dt.06-07-2021 2/3 accused Ratnesh Kumar.

Petitioner's counsel submit that upon the statement of co-accused, having no evidentiary value, the petitioner has been made accused. In fact, the motorcycle was parked near the petitioner's house by the co-accused Ratnesh Kumar. The petitioner has become a victim of circumstances. Having no criminal antecedents, he is in custody since 05.11.2020. Learned APP for the State has opposed the prayer for bail.

Considering the rival submissions, this Court is inclined to allow the petitioner's prayer for bail. Accordingly, let the petitioner, above named, 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 the learned Chief Judicial Magistrate, Bettiah, District-West Champaran, in connection with Shikarpur P.S. Case No.600 of 2020, subject to the following conditions: (i) That one of the bailors will be a close relative of the petitioner who will give an affidavit giving genealogy as to how he is related with the petitioner.

The bailor will also undertake to inform the court if there is any change in the address of the petitioner.

Patna High Court CR. MISC. No.10971 of 2021(2) dt.06-07-2021 3/3 (ii) That the petitioner will be well represented on each date and if he fails to do so on two consecutive dates, his bail bond will be liable to be cancelled.

(Madhuresh Prasad, J) PNM U T