Ritik Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.41424 of 2021 Arising Out of PS. Case No.-407 Year-2020 Thana- LAHERIYASARAI District- Darbhanga ====================================================== RITIK KUMAR S/O LATE RAMESH YADAV @ PRAMOD YADAV R/o village- Nayatola Jurabganj, P.S.- Kodha, District- Katihar ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Anant Kumar Mishra For the Opposite Party/s :

Mr.Arun Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 20-04-2022 Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner seeks regular bail in connection with Laheriasarai Police Station Case No. 407 of 2020, registered for the offences punishable under Sections 382/34 of the Indian Penal Code.

The prosecution case, as per the First Information Report, is that the informant was going to Allahabad bank to deposit a sum of Rs. 2,00,000/-, but the said amount could not be deposited in the bank and while he was returning, two unknown miscreants came on a white motorcycle and snatched the bag from the informant containing a sum of Rs. 2,00,000/- and fled away.

Learned Counsel for the petitioner submits that the

Patna High Court CR. MISC. No.41424 of 2021(3) dt.20-04-2022 2/3 petitioner is not named in the First Information Report and he has been made accused in this case on the basis of his confessional statement made in LNMU Police Station Case No. 233 of 2020. He further submits that no incriminating material and/or looted cash has been recovered from the possession of the petitioner and he has not been put to Test Identification Parade by the police as yet. He further submits that similarly situated co-accused Sonu Kumar has been granted bail by this Court, vide order, dated 21.12.2021, passed in Criminal Misc. No. 33715 of 2021. He next submits that the petitioner is in custody since 03.11.

2020 and charge sheet has been submitted against the petitioner and as such, there is no likelihood that the petitioner will abscond and/or tamper with the evidence. Regards being had to the submissions advanced on behalf of the parties concerned and taking into consideration the materials available on record and the fact that no incriminating material and/or looted cash has been recovered from the possession of the petitioner, the petitioner has not been put to Test Identification Parade by the police as yet, similarly situated co-accused has been granted bail by this Court, charge sheet has already been submitted and the petitioner is in custody since 03.11.2020, I am inclined to grant regular bail to the petitioner.

Patna High Court CR. MISC. No.41424 of 2021(3) dt.20-04-2022 3/3 This application is, accordingly, allowed.

Let the petitioner, above named, be released on bail, on furnishing bail bond of Rs. 20,000/- (twenty thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Darbhanga, in connection with Laheriasarai Police Station Case No. 407 of 2020. (Anil Kumar Sinha, J.) Prabhakar Anand/- U √ T √