Patna High CourtCR. MISC./5135/2024bail granted

Ritesh Kumar v. The State Of Bihar

2024-02-07Mr. Justice Partha Sarthy2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.5135 of 2024 Arising Out of PS. Case No.-62 Year-2023 Thana- SAHARSA SADAR District- Saharsa ====================================================== RITESH KUMAR SON OF PRAHLAD YADAV R/O-MAINA, P.S.- SONBERSHARAJ, DISTT.-SAHARSA ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Bal Krishna Mishra, Advocate For the Opposite Party/s :

Mr. Dr. Mrityunjaya Kr. Gautam, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 07-02-2024

1. Heard learned counsel for the petitioner and learned A.P.P for the State.

2. The petitioner has preferred this application for grant of regular bail in connection with Saharsa Sadar P.S Case no.62 of 2023 registered under sections 399 and 402 of the Indian Penal Code and sections 25(1-B)(a), 26 and 35 of the Arms Act.

3. As per the prosecution case, the informant states that on receiving informant that the accused persons had gathered and were planning to give effect to an occurrence, a raid was conducted. The petitioner was caught and from the possession of the petitioner two live cartridges were recovered.

4. Learned counsel for the petitioner submits that no incriminating article has been recovered from the petitioner's

Patna High Court CR. MISC. No.5135 of 2024(2) dt.07-02-2024 2/2 possession who has been falsely implicated in the case because of his antecedents. He is in custody since 29.1.2023 and chargesheet has been submitted in the case.

5. The prayer for bail is opposed by learned A.P.P for the State.

6. Having heard learned counsel for the parties and taking into consideration the allegations against the petitioner in the FIR, his having remained in custody for more than 1 year since 29.1.2023 and charge-sheet having been submitted in the case, the petitioner is directed to be enlarged on bail in connection with Saharsa Sadar P.S Case no.62 of 2023 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Saharsa. (Partha Sarthy, J) Shiv/- U T