Ritu Raj v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.35442 of 2020 Arising Out of PS. Case No.-300 Year-2020 Thana- HAJIPUR SADAR District- Vaishali ====================================================== RITU RAJ, aged about 19 years, Male, S/o DEEPAK BHAGAT, Resident of Village-Dighi Kala, East, P.S.-Hajipur Sadar, District-Vaishali. ... ... Petitioner

Versus

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

For the Petitioner :

Mr. Nachiketa Jha, Advocate.

For the Opposite Party :

Mr. A.G.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 09-04-2021 Learned counsel for the petitioner is directed to remove the defects, as pointed out by the office, within a period of four weeks.

Heard learned counsel for the petitioner and learned A.P.P. for the State through Virtual mode.

The petitioner is apprehending his arrest in a case for the offence registered under Sections 302, 364, 201, 420, 406 and 120(B) of the I.P.C.

The prosecution story, in brief, is that the the petitioner alongwith other co-accused murdered Raj Kumar Singh and Raju Sah father of the informant.

It has been submitted by learned counsel for the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering with the witnesses alleged against the petitioner. The petitioner has been made accused in

Patna High Court CR. MISC. No.35442 of 2020(2) dt.09-04-2021 2/2 the present case due to mistake of fact. Altogether 19 persons are named in the F.I.R. alongwith 10-15 unknown persons. Some incriminating article has been recovered from the house of co-accused Rajiv Mali. The name of the petitioner has transpired in the present case merely on the basis of suspicion. Except for this there is no other substantive evidence to suggest the implication of the petitioner in the present case. On behalf of the learned counsel for the State, it has been submitted that the petitioner is named in the F.I.R.

Considering the aforesaid facts and circumstances of the case, let the petitioner above named, in the event of arrest or surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) only with two sureties of the like amount each to the satisfaction of the learned C.J.M., Vaishali, in connection with Hajipur Sadar P.S. Case No. 300/2020, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Sudhir Singh, J) U.K.