Ritik Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.9035 of 2022 Arising Out of PS. Case No.-404 Year-2020 Thana- RAJAOLI District- Nawada ====================================================== RITIK KUMAR SON OF JAI PRAKASH SINGH RESIDENT OF VILLAGE- MAUR, P.S.- RAJOULI, DISTRICT- NAWADA ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Man Mohan Kumar, Adv.

For the Opposite Party/s :

Mr. Sanjay Kumar Tiwary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 23-02-2022 Heard learned counsel for the parties.

The petitioner has preferred this application for grant of regular bail in a case registered under section 392 of the Indian Penal Code which was later converted to sections 395 and 412 of the Indian Penal Code.

As per the prosecution case, three accused persons on a motorcycle overtook the informant and forcibly snatched the bag of the informant containing Rs.8.68 lacs approx in cash. It is submitted by learned counsel for the petitioner that the earlier application for bail of the petitioner was withdrawn vide order dated 20.9.2021 (Annexure-1). On merits, it is submitted that the F.I.R. was registered against unknown. Referring to the order of the learned court below, rejecting the application for bail of the petitioner, it is submitted that the name of the petitioner transpired in course of investigation in

Patna High Court CR. MISC. No.9035 of 2022(2) dt.23-02-2022 2/2 the confessional statement of co-accused Raja Kumar as recorded in paragraph no.36 of the case diary. The said Raja Kumar has been enlarged on bail vide order dated 8.12.2021 (Annexure-3) passed in Cr. Misc. no.20670 of 2021. The alleged recovery of Rs.20,000/ and a mobile phone has erroneously been stated by the prosecution as being the looted articles. Neither the petitioner nor the articles have been put on T.I. parade. The petitioner is in custody since 29.8.2020 and chargesheet has been submitted in the case.

Heard learned A.P.P. for the State.

Having heard learned counsel for the parties and taking into consideration the facts of the case, chargesheet having been submitted and the petitioner not having been put on T.I. parade inspite of being in custody for more than 1 year 5 months, the Court directs the petitioner to be enlarged on bail in connection with Rajouli P.S. Case no.404 of 2020 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, Nawada.

(Partha Sarthy, J) Saurabh/- U T