Ritik Kumar @Anas v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.36333 of 2022 Arising Out of PS. Case No.-810 Year-2020 Thana- BETTIAH CITY District- West Champaran ==================================================== Ritik Kumar @ Anas, Son of Late Deepak Kumar Verma R/O- Sagar Pokhra Bettiah, P.S.- Bettiah Town, Dist.- West Champaran. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ==================================================== Appearance :
For the Petitioner/s :
Mr. Ashok Kumar Mishra, Advocate For the Opposite Party/s :
Mr. Gauri Shankar Gupta, APP ==================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 19-09-2022 Heard learned counsel for the petitioner and the learned APP for the State.
Let the defect(s) be removed within four weeks of the complete start of the physical Court in normal course. The petitioner is in judicial custody in connection with Bettiah Town P.S. Case No.810/2020 instituted under Sections 411,413,414 of the Indian Penal Code. As per the FIR, unknown miscreants stole 66 pieces of Smart phones of Rs.7,70,000/- and mobile accessory of Rs.50,000/- from the shop of the informant in the night of 18.12.2020.
Learned counsel for the petitioner submits that even if taking the allegation on its face value without accepting it neither the seized articles have been put on TI Parade nor any list of stolen article has been provided in the First Information
Patna High Court CR. MISC. No.36333 of 2022(2) dt.19-09-2022 2/3 Report. It is further submission of the counsel for the petitioner is that he is in custody since 13.07.2021 but no T.I. Parade has been done and so far as the recovery is concerned, it is a joint house and as such the same cannot be attributed to him. His last submission is that some of the similarly placed co-accuseds have since been granted the privilege of bail which he has brought on record by way of Anneuxre-2 & 3.
Considering the aforesaid fact that he is custody since 13.07.2021, no T.I. Parade has been done, charge-sheet stands submitted and some of the similarly placed co-accuseds have since been released vide Cr. Misc. No.27910 of 2021 dated 22.11.2021 (Noor Mohammad Khan @ Noor Md. Khan) and Cr. Misc. No.33591 of 2021 dated 21.12.2021 (Poonam Verma @ Poonam Devi), this Court is inclined to grant him bail. Let the petitioner be released on bail on furnishing bail bond of Rs.20,000/-(Rupees Twenty Thousand) with two sureties of the like amount each in connection with Bettiah Town P.S. Case No.810/2020 to the satisfaction of learned Chief Judicial Magistrate, West Champaran, Bettiah subject to following conditions:
(i) one of the bailor should be the family member of the petitioner, who shall provide official document to show
Patna High Court CR. MISC. No.36333 of 2022(2) dt.19-09-2022 3/3 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 reason will entail cancellation of his bail by the Trial court itself;
(iii) the petitioner shall appear before the concerned police station every fortnight for next six months to mark his presence;
(iv) the petitioner shall desist from committing any criminal offence again 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) Prakash Narayan /- U T