Rituraj Kumar @ Adarsh Jha v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.2718 of 2023 Arising Out of PS. Case No.-558 Year-2022 Thana- SURSAND District- Sitamarhi ====================================================== RITURAJ KUMAR @ ADARSH JHA SON OF ASHOK KUMAR JHA R/O VILLAGE- DEONATHPATTI, P.S.- SURSAND, DISTRICT- SITAMARHI ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Ajay Kumar Thakur 2 For the Opposite Party/s :
Mr.Murli Dhar ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 28-03-2023 Heard learned counsel for the petitioner and the State. Petitioner apprehends his arrest in a case registered for the offence punishable under Section 307 and some other ancillary Sections of the Indian Penal Code and and u/s 25(1-b)a, 26, 35 of Arms Act.
As per the prosecution case, on the alleged date and time of occurrence this petitioner along with other accused persons entered into house of the informant and took away cash of Rs. 31,700/- and ornaments from his house. One of the co-accused was caught hold on the spot with country made pistol and was handed over to the police.
Learned counsel appearing for the petitioner submits that petitioner is innocent and has falsely been implicated in the case due to village politics. No incriminating article or stolen articles has been recovered from the possession of this petitioner. There is no allegation of any
Patna High Court CR. MISC. No.2718 of 2023(2) dt.28-03-2023 2/2 specific overt act against this petitioner. Petitioner has got clean antecedent.
Learned counsel appearing for the State opposes the prayer for anticipatory bail.
Considering the facts of the case, nature of accusation and clean antecedent of the petitioner, let the petitioner, above named, in the event of his arrest/ surrender within a period of six weeks from today shall be enlarged on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Judicial Magistrate, 1st class, Pupari, Sitamarhi in connection with Sursand PS case No. 558/ 2022, subject to conditions laid down u/s 438(2) of the Cr. P. C.
(Prabhat Kumar Singh, J) BKS/- U T