Ritesh Kumar @ Raja Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.12795 of 2025 Arising Out of PS. Case No.-249 Year-2023 Thana- KHODAWANDPUR District- Begusarai ====================================================== Ritesh Kumar @ Raja Kumar S/o- Vijay SIngh @ Bijay Singh VillageBikrampur PS-Cheriya Bariyarpur District-Begusarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sandip Kumar Gautam, Advocate For the Opposite Party/s :

Mr. Anil Kumar Singh No. 1, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 15-05-2025 Heard learned counsel for the petitioner as well as learned APP for the State.

2. In this case, the petitioner is seeking regular bail in connection with Sessions Trial No. 896 of 2024, Khodawandpur P.S. Case No. 249 of 2023, registered for the offences punishable under Sections 302, 201 and 34 of the Indian Penal Code.

3. When the chawkidaar received information of presence of dead body concealed in the field of Prashant Kumar, the police went there and the dead body was excavated out from the earth on 27.08.2023.

4. Learned counsel for the petitioner submitted that the petitioner is not named in the F.I.R. and except his

Patna High Court CR. MISC. No.12795 of 2025(3) dt.15-05-2025 2/3 confessional statement, there is nothing against the petitioner in the entire case diary. Learned counsel has also submitted that the statement of the mother of the deceased was recorded after 17 days of the occurrence and his mother did not explain, as to why, she has not lodged the F.I.R. She has stated in her statement that the petitioner was creating pressure upon the deceased to compromise Cheriya Bariyarpur P.S. Case No. 101 of 2023. As a matter of fact, the petitioner is not accused in Cheriya Bariyarpur P.S. Case No. 101 of 2023. As such, this allegation appears to be not correct. The petitioner is under custody since 04.08.2024.

5. It appears that except confessional statement of the petitioner, there is nothing against him. The recovery of dead body cannot be said to be leading to the confessional statement as it was recovered prior to recording of his confessional statement.

6. On the other hand, learned APP for the State opposes the prayer for bail of the petitioner.

7. Considering the above-mentioned facts and circumstances, the petitioner, above-named be released on bail on furnishing bail bonds of Rs.10,000/- with two sureties of the like amount each to the satisfaction of learned Additional

Patna High Court CR. MISC. No.12795 of 2025(3) dt.15-05-2025 3/3 Sessions Judge, Manjhaul, District-Begusarai in connection with Khodawandpur P.S. Case No. 249 of 2023, subject to the following condition that the petitioner shall cooperate in the disposal of trial and make himself available as and when required by the court.

(Nawneet Kumar Pandey, J) Neha/- U T