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Patna High CourtCR. MISC./13365/2021allowed

Ritik Kumar v. The State Of Bihar

2021-09-23Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.13365 of 2021 Arising Out of PS. Case No.-233 Year-2020 Thana- LALIT NARAYAN UNIVERSITY District- Darbhanga ====================================================== RITIK KUMAR Son of Late Ramesh Yadav @ Pramod Yadav Resident of village- Nayatola Jurabganj, Police Station - Kodha, District- katihar. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Sanjay Kumar No 7, Adv.

For the Opposite Party/s :

Mr.Surendra Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 23-09-2021 Heard learned counsel for the petitioner and learned A.P.P. for the State through virtual court proceeding. The petitioner seeks bail in connection with L.N.M.U. P.S. Case No.233 of 2020, registered for the offence punishable under Sections 416, 468, 420, 201, 34 of the IPC and sections 25(1-b)a, 26, 35 of the Arms Act.

The prosecution case in short is that the petitioner and one accused person have been apprehended by the police and from the possession of petitioner, two live cartridges, a T shape of Iron tool and a round shape tool (used for opening of Dickey) and a mobile with sim car were recovered.

It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has not committed any offence

Patna High Court CR. MISC. No.13365 of 2021(3) dt.23-09-2021 2/2 as alleged in the FIR. He has been falsely implicated in this case with false and fabricated allegations. The prosecution case as alleged in the FIR is totally false and concocted one. No incriminating article has been recovered from the conscious physical possession of the petitioner. As per the seizure list the black color motorcycle has not been recovered from the possession of the petitioner nor the same belongs to him. The petitioner has no criminal antecedent and has been languishing in custody since 03.09.2020.

Learned APP for the State opposed the prayer for bail. Considering the facts and circumstances of this case, the above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Darbhanga, in connection with L.N.M.U. P.S. Case No.233 of 2020. (Anjani Kumar Sharan, J) pallavi/- U T