← Library
Patna High CourtCR. MISC./5329/2025bail granted

Ritik Kumar @ Ritik Ray v. The State Of Bihar

2025-03-22Mr. Justice Sourendra Pandey3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.5329 of 2025 Arising Out of PS. Case No.-867 Year-2022 Thana- KANKARBAG District- Patna ====================================================== Ritik Kumar @ Ritik Ray Son of Ranjan Ray Resident of Hospital Chowk, Nai Bazar, Ward No. 17, P.S.- Bhagwan Bazar, District- Chhapra (Saran) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Binod Murari Mishra, Adv For the Opposite Party/s :

Mr. Tarkeshwar Nath Thakur, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY ORAL ORDER 22-03-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner is apprehending his arrest in connection with Kankarbagh P.S Case No. 867 of 2022 registered for the offence punishable under Section 364 A read with Section 34 of the I.P.C.

3. As per the prosecution case, on 13.09.2022 at about 01:15 AM four criminals came in the hospital namely Medivision Hospital under Kankarbagh Police Station and forcibly took away the brother of the informant namely Subhash Kumar and one hospital staff namely Ravi Ranjan in their car. It is further alleged that due to fear none of the staff tried to stop them and subsequently on the next morning at 6:30 AM the informant received a phone call and he was informed that his

Patna High Court CR. MISC. No.5329 of 2025(2) dt.22-03-2025 2/3 brother Subhash Kumar and his staff Ravi Ranjan have been abducted and the kidnapper demanded ransom of Rs. 10,00,000/- and the informant had transferred Rs. 58,400/- from his account Rs. 53,500/- from G-pay and Rs. 68,000/- from the account of one hospital staff namely Bhawanish Kumar and lastly Rs. 36,000/- from the account of his mother to the Account No. of the co-accused Ritesh Kumar.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. The petitioner is not named in the FIR and his name has surfaced from the confessional statement of the co-accused namely, Sandeep Ojha. There is no specific allegation against the petitioner rather it is general and omnibus in nature. He has further stated that the petitioner had never demanded extortion from the informant. No incriminating article has been recovered from the conscious possession of the petitioner. The petitioner has no criminal antecedent as stated in para 3 of the bail petition. It is further submitted that the parties have entered into a compromise outside the court and a compromise petition was also filed before the learned court below.

5. Learned A.P.P. for the State has vehemently opposed the prayer for anticipatory bail of the petitioner.

Patna High Court CR. MISC. No.5329 of 2025(2) dt.22-03-2025 3/3

6. Considering the aforesaid facts and circumstances of the case and the fact that the petitioner is not named in the FIR and his name has transpired on the confessional statement of the co-accused who has been acquitted in Sessions Trial No. 35/2023 Trial No. 6 of 2023 arising out of Kankarbagh P.S Case No. 867 of 2022, let the above named petitioner, in the event of his arrest/surrender within a period of six weeks from today, be enlarged on anticipatory bail 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 court concerned, Patna, in connection with Kankarbagh P.S Case No. 867 of 2022, subject to the conditions as laid down under Section 482(2) of the Bharitya Nagrik Suraksha Sanhita (B.N.S.S.).

7. Accordingly, the present application stands allowed.

(Sourendra Pandey, J) Jyoti/- U T