Dhongla @ Ritesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.8597 of 2024 Arising Out of PS. Case No.-171 Year-2023 Thana- KOTWALI District- Munger ====================================================== Dhongla @ Ritesh Kumar son of Niranjan Singh @ Ranjan Kumar Singh Village- Chandi Asthan Ps- Kotwali Basudepur OP Dist- Munger ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Vivekanand Singh, Adv.

For the Informant :

Mr. Gaurav Kumar, Adv.

For the Opposite Party/s :

Mr.Sanjay Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 29-04-2024 Heard learned counsel for the petitioner and learned counsel for the informant as well as learned A.P.P for the State.

2. The petitioner has preferred this application for grant of regular bail in connection with Kotwali P.S. Case No. 171 of 2023 dated 07.05.2023 registered for the offences punishable u/ss 341, 326, 307, 506, 379 read with section 34 of the Indian Penal Code and section 27 of the Arms Act.

3. As per the prosecution case, the petitioner and the co-accused persons are alleged to have opened fire on the informant's son causing injury on his stomach.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. The said occurrence took place in a marriage

Patna High Court CR. MISC. No.8597 of 2024(4) dt.29-04-2024 2/3 ceremony and the petitioner made celebratory firing and he had not intention to cause death of the informant's son. The petitioner has three other criminal antecedents as stated in para 3 of the bail petition. The petitioner is in custody since 24.12.2023.

5. Learned counsel for the informant as well as learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner and stated that the injury is grievous in nature.

6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner above-named, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Munger in connection with Kotwali P.S. Case No. 171 of 2023, with the condition/s:- (i). The petitioner is directed to remain physically present before the learned Court below on each and every date, failing which on two consecutive dates without reasonable cause, the bail bond of the petitioner is liable to cancelled. (ii). If the petitioner is found involved in similar nature of offence in future, the prosecution will be at liberty to

Patna High Court CR. MISC. No.8597 of 2024(4) dt.29-04-2024 3/3 move for cancellation of his bail bond.

7. The application stands allowed.

(Chandra Prakash Singh, J) guddukr/- U T