Ritesh Kumar Pandey @ Ritesh Kumar @ Munna v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.5072 of 2016 Arising Out of PS.Case No. -474 Year- 2015 Thana -SASARAM MUFFSIL District- SASARAM (ROHTAS) ======================================================

1. Ritesh Kumar Pandey @ Ritesh Kumar @ Munna son of Sri Rajeshwar Pandey Resident of Vill Chhotaka More, P.S. - Sasaram Muffasil, District - Rohtas at Sasaram.

.... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Md.Imteyaz Ahmad For the Opposite Party/s : Mr. Aditya Nr. Singh1 (App) ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 19-02-2016 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner apprehends his arrest in connection with a case registered for the offences punishable under Sections 341/ 323/307/379/504/34 of the Indian Penal Code and Section 27 of the Arms Act.

Learned counsel for the petitioner submits that the entire allegations against the petitioner is false and motivated and has been engineered by the informant as there was land dispute between the parties. It is submitted that the petitioner and the informant's side are agnates and since long litigation with regard to the partition has been continuing. It is also submitted that the petitioner was in fact engaged in his own marriage ceremony on

Patna High Court Cr.Misc. No.5072 of 2016 (2) dt.19-02-2016 P2/2 the alleged date of occurrence and it is highly improbable that the petitioner would venture himself in loot-paat especially with his own second cousin, whom the informant can identify at the first instance. He submits that the allegation as made out in the First Information Report are against three persons including the petitioner and two other co-accused persons have already been extended the privilege of anticipatory bail by the Court below in A.B.P. No. 3052 of 2015 by the Court of Sessions Judge, Rohtas at Sasaram.

Considering the aforementioned facts and circumstances and that similarly situated two other co-accused persons who have been named along with the petitioner, have been enlarged on bail, let the petitioner, in the event of his arrest / surrender within a period of four weeks from the date of receipt/production of a copy of this order, be enlarged on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the each amount to the satisfaction of the learned Chief Judicial Magistrate, Rohtas at Sasaram in connection with Sasaram (Mufassil) P.S. Case No. 474/2015 subject to the conditions as laid down under Section 438(2) of the Cr. P.C.

(Anjana Mishra, J) Saif/- U T