Ritesh Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.45975 of 2023 Arising Out of PS. Case No.-28 Year-2023 Thana- MAHUA District- Vaishali ====================================================== RITESH KUMAR SON OF MANOJ SINGH RESIDENT OF VILLAGEBILANDPUR, PS- MAHUA, DISTT- VAISHALI , BIHAR ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Alok Kumar Jha For the Opposite Party/s :
Mr.Sanjay Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 08-08-2023 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner has prayed for regular bail in a case instituted for the offence under Sections 401, 402, 412, 414 and 34 of the Indian Penal Code and Sections 25(1)(b), 26 and 35 of the Arms Act.
3. As per prosecution case, on secret information received that some criminals are preparing for commission of offence, thereafter the police party reached at that place and there has been recovery of one knife, one loaded katta and one live cartridge from the petitioner and other articles from other co-accused.
4. It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. He has
Patna High Court CR. MISC. No.45975 of 2023(2) dt.08-08-2023 2/2 committed no offence. Petitioner has apprehended on spot and he has no concern with the alleged arms and cartridge. On the basis of suspicion and due to his criminal antecedent, he has been falsely implicated in the present case by the police. No incriminating/stolen article has been recovered from the conscious possession of the petitioner. He is languishing in judicial custody since 21.01.2023.
5. The application for bail is opposed by learned APP for the State.
6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as period of custody, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Court below in connection with Mahua P.S. Case No. 28 of 2023.
(Sunil Kumar Panwar, J) arish/- U T