Ritesh Kapri v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.25793 of 2024 Arising Out of PS. Case No.-163 Year-2022 Thana- ISMAILPUR District- Bhagalpur ====================================================== 1.
Ritesh Kapri Son Of Bindeshwari Kapri Resident Of Village- Chhoti Parbatta, Ps- Ismailpur, Dist- Bhagalpur 2.
Sukho Kumar Mandal Son Of Khokha Kapri Resident Of Village- Chhoti Parbatta, Ps- Ismailpur, Dist- Bhagalpur ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Viveka Nandsingh, Adv.
For the Opposite Party/s :
Mr. Braj Kishore Pd, App ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 27-06-2024 Heard learned counsel for the petitioners and learned APP for the State.
2. The petitioners have preferred this application for grant of regular bail in connection with Ismalipur P.S. Case No. 163 of 2022 dated 12.12.2022 registered for the offences punishable u/ss 363, 364, 365/34 of the Indian Penal Code.
3. As per the prosecution case, the petitioners and the co-accused persons are alleged to have kidnapped and murdered the husband of the informant when he was returning to his home.
4. Learned counsel for the petitioners has submitted
Patna High Court CR. MISC. No.25793 of 2024(2) dt.27-06-2024 2/3 that the petitioners are innocent and have falsely been implicated in this case due to previous enmity. There is general and omnibus allegation against the petitioners. The petitioners are not named in the F.I.R. The name of the petitioners has surfaced during the course of investigation. There is no eyewitness to the alleged occurrence. The co-accused, namely, Bindheshwari Kapri has already been granted bail by the Coordinate Bench vide order dated 05.01.2024 passed in Cr. Misc. No. 77456 of 2023 and the co-accused, namely, Bhola Mandal has been granted bail by this Bench vide order dated 12.07.2023 passed in Cr. Misc. No. 39958 of 2023. The petitioners have one criminal antecedent in which they are on bail as stated in para 3 of the bail petition. The petitioners are in custody since 02.02.2024.
5. Learned A.P.P. for the State has opposed the bail petition of the petitioners.
6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioners above-named, are directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) each with two sureties of the like amount each to the satisfaction of learned Court concerned, Naugachia in connection with
Patna High Court CR. MISC. No.25793 of 2024(2) dt.27-06-2024 3/3 Ismailpur P.S. Case No. 163 of 2022 with further condition:- (i) The petitioner is directed to remain physically present before the learned Court below on each and every date, failing which on two consecutive dates without reasonable cause, the bail bond of the petitioner is liable to cancelled.
7. The application stands allowed.
(Chandra Prakash Singh, J) annpurna/- U T