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Patna High CourtCR. MISC./40132/2021bail granted

Ritik Kumar v. The State Of Bihar

2022-01-06Mr. Justice Purnendu Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.40132 of 2021 Arising Out of PS. Case No.-249 Year-2019 Thana- RAJAOLI District- Nawada ====================================================== Ritik Kumar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Krishna Deo Raj For the Opposite Party/s :

Mr.Parmanand Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 06-01-2022 Heard the parties through the video conferencing. Heard learned counsel appearing on behalf of the petitioner and the learned APP for the State. Petitioner who is in custody since 15.2.2021 seeks regular bail in connection with Rajauli P.S. Case No. 249 of 2019 registered for the offence punishable under section 392 of the Indian Penal Code.

The prosecution story in brief is that the informant Ranjeet Kumar gave a written report to the Rajauli police station, alleging that on 12.7.2019 he along with one Ranjeet Kumar were going to deposit money in the bank and when they reached near the DAV school, three motorcycle borne accused persons stopped them and snatched the bag of the informant and run away towards Mahadeo more.

Patna High Court CR. MISC. No.40132 of 2021(2) dt.06-01-2022 2/3 Learned counsel for the petitioner submits that the petitioner is in custody since 15.2.2021 and not named in the FIR. He has been implicated this case on the basis of his confession made before the police. Learned counsel further submits that no test identification parade has been conducted till date and nothing has been recovered from the conscious possession of the petitioner.

Considering the fact that nothing has been recovered from the conscious possession of the petitioner, no test identification parade has been conducted as yet and also the fact that there is no allegation of tampering of evidence or influencing the witnesses, let the petitioner, named above, be enlarged on bail on furnishing bail bond of Rs. 25,000/- (Twenty five thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Nawada, in connection with Rajauli P.S. Case No. 249 of 2019 subject to the following conditions:-

(1) Bailors should be local having sufficient immovable property within the jurisdiction of the Court concerned.

(2) Petitioner shall cooperate in the trial and shall be properly represented on each and every date fixed by the Court.

Patna High Court CR. MISC. No.40132 of 2021(2) dt.06-01-2022 3/3

(3) If the petitioners tamper with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner. (Purnendu Singh, J) Ravi/- U T