Patna High CourtCR. MISC./43520/2016bail granted

Ritesh Bhartiya v. The State Of Bihar

2016-12-13Mr. Justice Birendra Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.43520 of 2016 Arising Out of PS.Case No. -345 Year- 2016 Thana -DANAPUR District- PATNA ======================================================

1. Ritesh Bhartiya Son of Gopal Kumar Bhartiya, Resident of Flat No. 26 Sarkar Amrapali Garden, Gola Road, P.S. Danapur, District Patna .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Anuj Kumar, Advocate For the Opposite Party/s : Mr. Nagendra Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 13-12-2016 Heard learned counsel for the petitioner, learned counsel for the informant and learned APP for the State. Petitioner is languishing in custody in connection with Danapur P.S. Case No. 345 of 2016 for the offences punishable under Sections 302/120B of the Indian Penal Code and Section 27 of the Arms Act.

The offence alleged is murder. Allegation is against the named accused and unknown person. The petitioner is not named in the F.I.R. Name of the petitioner transpired in the confessional statement of co-accused Ajay Kumar, Dinesh Singh and Deepak Sharma.

Submission of the petitioner is that even in the confessional statement no specific role is alleged against the

Patna High Court Cr.Misc. No.43520 of 2016 (4) dt.13-12-2016 2/2 petitioner. Similarly situated co-accused Anil Kumar has already been allowed bail by a co-ordinate Bench of this Court in Cr. Misc. No.43485 of 2016 on 18.10.2016.

Learned counsel for the informant and State opposed the prayer on the ground that co-accused Manish Kumar @ Bady Singh was refused bail by a coordinate Bench of this Court on 05.10.2016 in Cr. Misc. No.44215 of 2016. Considering the fact that only material against the petitioner is confessional statement of the co-accused, let petitioner, above named, be enlarged on bail on furnishing bail bond of Rs.10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, Danapur/Successor Court, in connection with Danapur P.S. Case No.345 of 2016.

(Birendra Kumar, J) Mkr./- U T