Ritesh Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.37722 of 2025 Arising Out of PS. Case No.-22 Year-2025 Thana- KARPURIGRAM District- Samastipur ====================================================== Ritesh Kumar S/O Ramchandra Poddar R/o Village- Palidih, P.S.- Bhagwanpur, District- Begusarai, Present address R/o Pokhraira, P.S.- Muffasil, District- Samastipur ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Bijay Bhushan Prasad, Adv For the Opposite Party/s :
Mr. Ajay Kumar Jha, Adv ====================================================== CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY ORAL ORDER 20-06-2025 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
2. The petitioner seeks regular bail in a case registered for the offences punishable under Sections 309(4) and 317(2) of B.N.S.
3. As per the prosecution case, the informant who drove e-rickshaw has stated that some person came and stopped his e-rickshaw and started assaulting him and snatched away his e-rickshaw and tried to flee however, police was present at the place of occurrence and the police party chased and apprehended one of the miscreants namely Dipen Kumar who disclosed the name of other three associates to be Sumit Kumar, Ritesh Kumar (Petitioner) and Pritam Kumar.
4. Learned counsel for the petitioner submits that
Patna High Court CR. MISC. No.37722 of 2025(2) dt.20-06-2025 2/3 petitioner is innocent and has falsely been implicated in this case merely on the ground of confessional statement of one coaccused Dipen Kumar. Learned counsel further submits that the petitioner was not present at the place of occurrence and till date no T.I.P. has been done. It is also submitted that similarly situated co-accused persons have already been granted bail by this Court vide order dated 19.05.2025 passed in Cr. Misc. No. 31746 of 2025. Learned counsel further submits that the actual reason for the incident was dispute which arose with regard to payment of fare of the e-rickshaw. It is lastly submitted that the petitioner has clean antecedent and is in custody since 21.02.2025.
5. Learned A.P.P. for the State has opposed the prayer for bail of the petitioner and has submitted that the petitioner along with other accused persons committed loot of the erickshaw of the informant.
6. Considering the aforesaid facts and circumstances of the case and taking into account that no incriminating article has been recovered from the conscious possession of the petitioner and further taking into consideration that the petitioner has no criminal history and he is in judicial custody since 21.02.2025, let the petitioner above-named be enlarged on
Patna High Court CR. MISC. No.37722 of 2025(2) dt.20-06-2025 3/3 bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Samastipur, in connection with Karpurigram P.S. Case No. 22/2025 subject to the conditions :- (i) One of the bailors will be close relative of the petitioner.
(ii) The petitioner will remain present on each and every date fixed by the Court below, if so required by the learned Trial Court.
(iii) In case of absence on two consecutive dates or in violation of the terms of the bail, the bail bond of the petitioner will be liable to be canceled by the Court concerned.
(iv) If the petitioner is found involved in similar nature of offence in future, the prosecution will be at liberty to move for cancellation of his bail bond.
(v) The learned Court below shall verify the criminal antecedent of the petitioner and in case at any stage it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.
7. The application stands allowed.
(Sourendra Pandey, J) Jyoti/- U T