Ritesh Kumar Bhadeshwar @ Gautam @ Ritesh Raj v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.43543 of 2023 Arising Out of PS. Case No.-13 Year-2023 Thana- PRATAPGANJ District- Supaul ====================================================== RITESH KUMAR BHADESHWAR @ GAUTAM @ RITESH RAJ S/O MAHENDRA BHADESHWAR R/O VILLAGE- BAISI WARD NO. 5 PS. KARJAIN DIST. SUPAUL ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Diwakar Prasad Singh, Adv.
For the Opposite Party/s :
Mr.Zainul Abedin, APP.
Mr. Purnendu Keshav, Adv.
====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 18-08-2023 Heard the parties.
2. The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 341, 307, 120(B)/34 of the Indian Penal Code and Section 27 of the Arms Act.
3. Allegedly, some culprits came at the school gate of the informant where he was sitting along with other teachers. Two of them came to the informant and asked whether his name is Mithilesh Kumar, on which the informant admitted that he is Mithilesh Kumar. Thereafter, both the culprits accompanied the informant and proceeded towards the school gate. It is further alleged that when the informant reached near the school gate, he
Patna High Court CR. MISC. No.43543 of 2023(2) dt.18-08-2023 2/3 saw three masked men and refused to move towards the gate. Subsequently, the masked men pointing the pistol towards the informant's Apache motorcycle and demanded key of the same upon which the informant refused to give the keys to the culprits. On refusal, one by one five bullets were fired upon him but anyhow petitioner saved his life. After sometime, police team also reached there and apprehended two accused persons who disclosed the name of the petitioner and other co-accused persons. It is firmly believed by the informant that the petitioner must have sent the culprits to kill him as he had earlier threatened the informant of dire consequence.
4. It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has committed no offence. No such occurrence as alleged ever took place. He has been falsely implicated in this case due to ulterior motive. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. It is further submitted that petitioner is an employee of Aristo Pharmaceuticals Pvt. Limited, situated at Himachal Pradesh and he was in office on the alleged date. Petitioner has no criminal antecedent as mentioned in para-3 of this application.
5. Learned APP for the State as well as learned counsel
Patna High Court CR. MISC. No.43543 of 2023(2) dt.18-08-2023 3/3 for the informant opposed the prayer for bail and submitted that the petitioner is also involved in the present case.
6. Having regard to the facts and circumstances of the case, as there is no specific overt act against the petitioner, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending/successor Court in connection with Pratapganj P.S. Case No. 13 of 2023, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. (Anjani Kumar Sharan, J) divyanshi/- U T