Ritik Roshan @ Ritik Raushan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.41888 of 2021 Arising Out of PS. Case No.-236 Year-2021 Thana- SAHARSA SADAR District- Saharsa ====================================================== RITIK ROSHAN @ RITIK RAUSHAN, Son of Bijendra Bhagat, Resident of Village - Shivpuri, Ward No.14, P.S.- Saharsa, Dist.- Saharsa. ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr.Uday Chand Prasad, Advocate For the Opposite Party/s :

Mr.Ajay Kumar No. 2, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 03-03-2022 Heard learned counsel appearing on behalf of the petitioner and learned A.P.P. for the State.

Let the defect(s) be removed within two weeks of the complete start of the physical Court in normal course. The petitioner seeks regular bail in connection with Saharsa P.S. Case No. 236 of 2021, for the offence punishable under Sections 413 and 414 of the Indian Penal Code. The prosecution case, in brief, is that informant got secret information that four persons were planning for selling stolen motorcycle near Basha Chowk, who tried to flee away leaving the motorcycle on timely presence of Police. On chase, one persons was caught and three persons fled away, The apprehended co-accused disclosed his name Rikku Kumar, who had disclosed the name of co-accused Abhijit Singh, Hanni Bhagat and Ritik Roshan (petitioner). Two stolen motorcycles

Patna High Court CR. MISC. No.41888 of 2021(3) dt.03-03-2022 2/3 were recovered from the place of occurrence.

Learned counsel appearing on behalf of the petitioner submits that the the name of petitioner has been surfaced on the basis of confessional statement of one co-accused Rikku Kumar. Nothing has been recovered from the conscious possession of the petitioner and in this regard, he has made specific statement in paragraph No.9 of the bail application that petitioner was arrested from his house and nothing incriminating was recovered from his possession or his house. He further submits that the alleged stolen motorcycle was recovered from the possession of Rikku Kumar. He further submits that six cases are pending against the petitioner due to that reason, the petitioner has been roped in this case. The petitioner is in custody since 12.03.2021.

Learned A.P.P. for the State has opposed the prayer for grant of bail to the petitioner.

Considering the aforementioned facts and circumstances of the case and looking into the period of custody without going into the merits of the case, the petitioner, above named, is directed to be enlarged on bail on furnishing bail bond of Rs. 25000/- (Rs. Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief

Patna High Court CR. MISC. No.41888 of 2021(3) dt.03-03-2022 3/3 Judicial Magistrate, Saharsa in connection with Saharsa P.S. Case No. 236 of 2021, subject to the following conditions:-

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

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

(3) If the petitioner tampers 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.

(4) If the petitioner is found involved in similar nature of offence, after his release on bail, the trial Court shall take steps to cancel his bail bonds.

(5) The Court below is directed to verify the criminal antecedent of the petitioner and if the petitioner is found accused in any other case, as mentioned in paragraph No.3 of the bail petition, this order will automatically loose its force.

(Purnendu Singh, J) manish/- U T