Patna High CourtCR. MISC./35019/2024bail granted

Ritik Raushan Kumar v. The State Of Bihar

2024-07-05Mr. Justice R. P. Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.35019 of 2024 Arising Out of PS. Case No.-7 Year-2024 Thana- TARIYANI CHOWK District- Sheohar ====================================================== Ritik Raushan Kumar Son Of Shiv Shankar Ray Resident of Village - Chhatauni Baraiya Tola, Ward no.6, P.S. - Tariyani, District - Sheohar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Santosh Kumar, Advocate For the Opposite Party/s :

Mr. Kumar Ranjit Ranjan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 05-07-2024 Heard learned counsel for the petitioner, learned APP for the State and perused the case diary.

2. The petitioner seeks bail in Tariyani P.S. Case No. 07 of 2024, instituted for the offences punishable under Sections 324, 307, 120-B of the Indian Penal Code, Sections 25(1-AA), 25(1-B)(a), 26, 35 and 27 of the Arms Act.

3. The prosecution case, in short, is that, four live cartridges, one mobile phone and a blood stained blade was recovered from the house of the petitioner.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. Charge-sheet has been submitted in this case. No incriminating material has been recovered from the conscious possession of the petitioner. Learned counsel for the petitioner also submits that the recovered arms does not belong to the

Patna High Court CR. MISC. No.35019 of 2024(3) dt.05-07-2024 2/2 petitioner, whereas the recovered mobile phone belong to the petitioner. The petitioner is in custody since 09.01.2024 and has got no criminal antecedent. Learned counsel for the petitioner further submits that similarly situated co-accused have been granted bail by this Court vide order dated 09.05.2024 passed in Cr. Misc. No. 35818 of 2024, dated 21.06.2024 passed in Cr. Misc. No. 39490 of 2024 and dated 28.06.2024 passed in Cr. Misc. No. 44151 of 2024.

5. Learned APP for the State has vehemently opposed the prayer for grant of bail to the petitioner.

6. Considering the aforesaid facts and circumstances of the case, taking into account the period of custody undergone by the petitioner and claim based on parity, this Court is inclined to grant bail to the petitioner.

7. Let the petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Tariyani P.S. Case No. 07 of 2024.

(Rudra Prakash Mishra, J) Rajorshi/- U T