Ritesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.37870 of 2020 Arising Out of PS. Case No.-142 Year-2020 Thana- BARGAINIA District- Sitamarhi ====================================================== Ritesh Kumar, Son of Viswnath Ray, Resident of Village- Masaha Narottam Ward No. 10, P.S.- Bairgania, District- Sitamarhi ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Jitendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 08-03-2021 Heard learned counsel for the petitioner and the learned APP for the State.

The petitioner seeks bail in connection with Bairgania P.S. Case No.142 of 2020 for the offence punishable under Section 414 of the Indian Penal Code.

Since 14.08.2020, the petitioner is said to be in custody having no criminal antecedents. It is alleged that the petitioner along with co-accused Pramod Saha was found in front of the said co-accused's house with the stolen motorcycles. Counsel for the petitioner submits that since the petitioner was found in front of the said co-accused's house, he has become a victim of circumstances, though he has no concern with the vehicles in question.

Learned APP for the State has opposed the prayer

Patna High Court CR. MISC. No.37870 of 2020(4) dt.08-03-2021 2/3 for bail.

Considering the rival submissions, this Court is inclined to allow the petitioner's prayer for bail. Accordingly, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Sitamarhi, in connection with Bairgania P.S. Case No.142 of 2020, subject to the following conditions:

(i) That one of the bailors will be a close relative of the petitioner who will give an affidavit giving genealogy as to how he is related with the petitioner. The bailor will also undertake to inform the court if there is any change in the address of the petitioner.

(ii) That the petitioner will be well represented on each date and if he fails to do so on two consecutive dates, his bail bond will be liable to be cancelled.

This Court would expect that the petitioner's counsel would honour his undertaking in the instant proceedings regarding supply of the requisite court fee etc. within two weeks

Patna High Court CR. MISC. No.37870 of 2020(4) dt.08-03-2021 3/3 from the date he is called upon to do so by the office. (Madhuresh Prasad, J) PNM U T