Patna High CourtCR. MISC./11618/2024bail granted

Ritesh Kumar v. The State Of Bihar

2024-02-23Mr. Justice R. P. Mishra3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.11618 of 2024 Arising Out of PS. Case No.-342 Year-2023 Thana- GOGRI District- Khagaria ====================================================== Ritesh Kumar Son of Amod Yadav R/O-Poura, P.S.-Gogri (Poura), Distt.- Khagaria ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Binay Kumar, Adv.

For the Opposite Party/s :

Mr.Sanjay Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 23-02-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Gogri (Poura) P.S. Case No. 342 of 2023 instituted for the offences under Sections 279, 337, 338, 304A of the Indian Penal Code and Section 37 of the Excise Act.

3. As per allegation, the petitioner along with one another co-accused person caused accident of the husband of the Informant by negligent driving in drunken state due to which the the Informant's husband died.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in

Patna High Court CR. MISC. No.11618 of 2024(2) dt.23-02-2024 2/3 the present case. He further submits that nothing incriminating such as liquor etc. has been recovered from the conscious possession of the petitioner. He further submits that all the sections of this case are bailable except Section 37 of the Excise Act which has got no application in this case. The petitioner has no criminal antecedent as has been stated in paragraph no.3 of the present bail application. The petitioner is languishing in judicial custody since 21.09.2023. Charge-sheet has been submitted in this case.

5. Learned counsel for the petitioner again submits that the co-accused Sanjay Yadav has been granted bail by a Co-ordinate Bench of this Court vide order dated 17.02.2024 passed in Cr. Misc. No. 7290 of 2024.

6. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.

7. Considering the entire facts and circumstances of the case and taking into account the period of custody of the petitioner as also the petitioner having no criminal antecedent, let the petitioner, abovenamed, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand)

Patna High Court CR. MISC. No.11618 of 2024(2) dt.23-02-2024 3/3 with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Gogri (Poura) P.S. Case No. 342 of 2023.

(Rudra Prakash Mishra, J) rishi/- U T