Rituraj Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.49557 of 2024 Arising Out of PS. Case No.-289 Year-2023 Thana- JANDAHA District- Vaishali ====================================================== Rituraj Kumar Son of Vinod Rai @ Gopiji @ Vinod Prasad Ray Resident of Vill- Mohuddinpur Garahi, P.S.- Jandaha, District- Vaishali. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Md Soban Asghar For the Opposite Party/s :

Mr.Md. Ataur Rahman ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 01-08-2024 Heard learned counsel for the petitioner and learned A.P.P for the State.

2. The petitioner has preferred this application for grant of regular bail in connection with Jandaha P.S. Case No. 289 of 2023 dated 14.09.2023 registered for the offences punishable u/s 395 of the Indian Penal Code.

3. As per the prosecution case, the informant got a call on his mobile for hiring his Bolero vehicle for going to Sarai Bhakurahar and he said that he has to reach at Bateshwar Nath mela and all the proposed passengers will go from there. It is further stated that the informant reached Bateshwar Nath mela then six boys aged about 20 to 25 years approached him and they sat on his vehicle and directed him to drive towards Bakhari. When they reached near Bahasi Chavar then one of them

Patna High Court CR. MISC. No.49557 of 2024(2) dt.01-08-2024 2/3 pretended vomiting and asked to stop the vehicle and when the informant stopped the vehicle, one of them pointed gun on the informant and the other co-accused persons assaulted, tied him and then threw him in the nearby field. Thereafter, the accused persons fled away with the vehicle of the informant and also took his mobile phone.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. Nothing has been recovered from the conscious possession of the petitioner. The petitioner is not named in the F.I.R. The name of the petitioner has sprung up in the confessional statement of the co-accused, Sunny Kumar. The other co-accused person has already been granted bail by this court vide order dated 03.05.2024 passed in Cr. Misc. No. 21835/2024. The petitioner has two criminal antecedents and he is on bail in both the cases as stated in para 3 of the bail petition. The petitioner is in custody since 03.01.2024.

5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of

Patna High Court CR. MISC. No.49557 of 2024(2) dt.01-08-2024 3/3 the like amount each to the satisfaction of learned Court concerned, Vaishali at Hajipur in connection with Jandaha P.S. Case No. 289 of 2023 .

7. The application stands allowed.

(Chandra Prakash Singh, J) atul/- U T