Ritesh Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.23790 of 2025 Arising Out of PS. Case No.-264 Year-2024 Thana- KHAJAULI District- Madhubani ====================================================== Ritesh Kumar Singh S/o- Arun Prasad Singh R/o village - Maniyarwa , P.s.- Khajauli , District - Madhubani ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Gagandeo Yadav Mr. Ravi Prakash, Advocates For the State :

Mr. Zainul Abedin, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 25-06-2025 Heard Mr. Gagandeo Yadav, learned counsel for the petitioner and Mr. Zainul Abedin, learned APP for the State.

2. The petitioner is apprehending his arrest in connection with Khajauli P.S. Case No. 264 of 2024, F.I.R. dated 19.11.2024 registered for the offences punishable under Sections 303(2) of B.N.S.

3. Allegation against the petitioner is that after demanding key from the informant he took away the bullet motorcycle of the informant and fled away from the place of occurrence.

4. Learned counsel for the petitioner submits that the petitioner is innocent and he has been falsely implicated in the present case. He further submits that from perusal of the F.I.R. the allegation against the petitioner that he has taken away the

Patna High Court CR. MISC. No.23790 of 2025(3) dt.25-06-2025 2/3 bullet motorcycle of the informant on 26.10.2024. He further submits that the date of occurrence as alleged in the F.I.R. is26.10.2024 but the present F.I.R. was instituted on 19.11.2024 after delay of 24 days without giving any explanation of delay and apart from that both the parties have entered into an agreement and filed a compromise petition on 19.12.2024 before the learned Court below and the motorcycle in question has been received by the prosecution and the same was handed over to the informant.

5. Learned APP for the State has opposed the prayer for anticipatory bail of the petitioner and submits that the petitioner carries one more case other than the present one but fairly submits on the basis of paragraph-3 of the bail petition that the petitioner is on bail in the pending matter.

6. Considering the facts and circumstances of the case, let the petitioner, above named, in the event of his arrest or surrender before the court below within a period of thirty days from the date of receipt of the order, be released on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate 1st Class, Madhubani in connection with Khajauli P.S. Case No. 264 of 2024, subject to the

Patna High Court CR. MISC. No.23790 of 2025(3) dt.25-06-2025 3/3 conditions as laid down under Section 438(2) of the Code of Criminal Procedure/ Section 482(2) of BNSS, 2023 and with other following conditions :-

(1) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court and shall remain physically present as directed by the Court and on his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the Court below.

(2) If the petitioner tampers with the evidence or the witness, in that case, the prosecution will be at liberty to move for cancellation of bail.

(3) And, further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage, it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.

Ibrar//- (Rajesh Kumar Verma, J) U T