Ritesh Gwala v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.25035 of 2021 Arising Out of PS. Case No.-247 Year-2020 Thana- KHARHAGPUR District- Munger ====================================================== RITESH GWALA Son of Late Bijay Gwala Resident of Village - Fatapukur, P.S.- Rajganj, District - Jalpaiguri ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Ms.Vaishnavi Singh, Adv.

For the Opposite Party/s :

Mr. Bharat Bhushan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 07-01-2022 Heard learned counsel for the parties through video conferencing.

The petitioner has preferred this application for grant of regular bail in a case registered under section 392 of the Indian Penal Code and section 25(1-B)(a), 26 (i) & (ii) and 35 of the Arms Act.

As per the prosecution case, four accused persons robbed the informant on the point of pistol of Rs.40,000/ in cash besides other articles as mentioned in the F.I.R. It is further stated that two of the accused including the petitioner herein were caught and fire arm was recovered from the possession of the petitioner.

It is submitted by learned counsel for the petitioner that the petitioner has been falsely implicated in the case. He

Patna High Court CR. MISC. No.25035 of 2021(4) dt.07-01-2022 2/2 was arrested under a misunderstanding. The petitioner is in custody since 17.9.2020 and has no criminal antecedent. 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 together with the petitioner having remained in custody for over 1 year 3 months, the Court directs the petitioner to be enlarged on bail in connection with Kharagpur P.S. Case no. 247 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 Additional Chief Judicial Magistrate IV, Munger.

(Partha Sarthy, J) Bibhash U