Ritesh Kumar Das v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.36363 of 2022 Arising Out of PS. Case No.-100 Year-2022 Thana- CHAKAI District- Jamui ====================================================== RITESH KUMAR DAS Son of Jabraj Das @ Yuvraj Das Resident of Village - Saraswati, Batpar, Tola Sirmandi, P.S.- Chakai, District - Jamui. ... ... Petitioner/s
Versus
The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Satya Prakash Parasar, Advocate For the Opposite Party/s :
Mr. Jitendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 19-09-2022 Heard learned counsel for the petitioner and learned counsel for the State.
Let the defect(s), if any, as pointed out by the office be removed within four weeks.
The petitioner is in judicial custody in connection with Chakai P.S. Case No. 100/2022 for the offences under Sections 181, 182, 195, 199, 200, 203, 211, 420, 353 and 424 of the Indian Penal Code.
As per the prosecution story, the SHO of Chakai police station has alleged that a written report was given by the petitioner herein alleging that he had withdrawn Rs. 16,000/- from ATM of UCO Bank and while returning, three unknown persons intercepted him and decamped him of the said amount which led to lodging of the Chakai Police Station Case no. 99 of
Patna High Court CR. MISC. No.36363 of 2022(2) dt.19-09-2022 2/3 2022 registered under Section 392 of the Indian Penal Code. Subsequently, the police investigated the matter and found that the said amount was withdrawn by the petitioner and transferred in the account of his wife and to befool his parents, this false case was instituted. Accordingly, the present Chakai P.S. Case No. 100 of 2022 was lodged against him. Learned counsel for the petitioner submits that he tried to outsmart his parents and for that he is suffering by being in custody since 06.05.2022 despite the fact that he do not have criminal antecedent. He further submits that undo the alleged act, he has done, the petitioner intends to pay a sum of Rs. 16,000/- to the Patna High Court Legal Services Authority, Patna through demand draft issued by the State Bank of India local branch.
Considering the fact that the petitioner is in custody since 06.05.2022, charge sheet stands submitted and he has no criminal antecedent, this Court is inclined to grant him privilege of bail subject to payment of Rs. 16,000/- through demand draft in favour of Patna High Court, Legal Services Authority, Patna issued by the State Bank of India local branch. Let the petitioner be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of
Patna High Court CR. MISC. No.36363 of 2022(2) dt.19-09-2022 3/3 like amount each to the satisfaction of Judicial Magistrate-1st Class, Jamui in connection with Chakai P.S. Case NO. 100 of 2022, subject to the following conditions.
(i) one of the bailor should be the family member of the petitioner, who shall provide official document to show his/her bona fide;
(ii) the petitioner shall appear on each and every date before the Trial Court and failure to do so for two consecutive dates without plausible reasons will entail his cancellation of bail by the Trial Court itself;
(iii) he shall in no way try to induce or promise or threat the witnesses or tamper with the evidence, failing which the State shall be at liberty to take steps for cancellation of his bail bonds.
With the aforesaid observations, the bail application is allowed.
(Rajiv Roy, J) Jagdish/NehaU T