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Patna High CourtCR. MISC./68356/2018bail granted

Ritesh Singh @ Matukan Singh And ANR v. The State Of Bihar

2018-12-14Mr. Justice Mohit Kumar Shah3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.68356 of 2018 Arising Out of PS. Case No.-62 Year-2018 Thana- AGIAON District- Bhojpur ======================================================

1. Ritesh Singh @ Matukan Singh, Son of Tilakdhari Singh,

2. Lal Babu Singh, S/o Late Dhadaka Singh, Both resident of Village- Barap P.S.- Agiaon (Garahni) District- Bhojpur. ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Sudha Chandra For the Opposite Party/s :

Mr. Sri Jagdhar Prasad For the informant : Mr. Ravi Bhushan Pd. Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 14-12-2018 Heard the learned counsel for the petitioners and the learned counsel for the State.

The petitioners seek regular bail in connection with Agiaon (G) PS case no. 62 of 2018 registered for the offence punishable under Sections 307, 325 and other sections of Indian Penal Code.

The case of the prosecution, according to the informant, is that on 15.06.2018 while he was going to deposit the installment amount of the loan taken by him for his motorcycle, some accused persons had intercepted him and abused him, whereafter co-accused person namely Chintu Singh had assaulted the informant and subsequently, the petitioner is said to have snatched money from the informant.

Patna High Court Cr.Misc. No.68356 of 2018(6) dt.14-12-2018 2/3 The learned counsel for the petitioners submits that as far as the petitioners are concerned, there is no allegation of any specific overt act. It is further submitted that the petitioners have been falsely implicated in the present case. With regard to the criminal antecedent of petitioner no. 1, it is submitted that he is accused in six other cases, however he is on bail in all the said six cases. As far as the petitioner no. 2 is concerned, he is said to be accused in four other cases, however he is stated to be on bail in all the said four cases. Lastly, the learned counsel for the petitioners has submitted that the petitioners are ready to abide by whatever conditions, this Court may impose for the purposes of grant of bail.

Per contra, the learned counsel for the informant has vehemently opposed the prayer for bail and has submitted that the criminal antecedents of the petitioners are not fully correct, inasmuch as more cases are pending against the petitioners. Having regard to the facts and circumstances of the case, I deem it fit and proper to enlarge the petitioners on regular bail subject to deposit of a sum of Rs. 50,000/- in cash with the concerned trial court as also subject to such other conditions as may be imposed by the learned trial court in connection with Agiaon (G) PS case no. 62 of 2018 pending in the court of Additional Chief Judicial

Patna High Court Cr.Misc. No.68356 of 2018(6) dt.14-12-2018 3/3 Magistrate, VIIth, Bhojpur at Ara.

It is needless to state that the petitioners would mark their attendance before the officer-in-charge of the concerned police station at 10 am on Monday of each week till the framing of the charge. It is further directed that in case, the petitioners default in marking attendance on two consecutive dates, the present privilege of bail granted by the aforesaid order shall stand cancelled automatically. It is further directed that the aforesaid deposit of Rs. 50,000/- shall be subject to the final outcome of the case.

(Mohit Kumar Shah, J) rinkee/- U T