Ritesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.39497 of 2020 Arising Out of PS. Case No.-129 Year-2020 Thana- MOUZAHIDPUR District- Bhagalpur ====================================================== 1.

RITESH KUMAR, Son of Tribhuwan Prasad Singh, Resident of Thakur Prasad Lane, Jagdamba Bhawan, Katghar, Bhagalpur, P.S.- Mojahidpur, District- Bhagalpur 2.

RAMAN KUMAR @ ARYAN SINGH, Son of Tribhuwan Prasad Singh, Resident of Thakur Prasad Lane, Jagdamba Bhawan, Katghar, Bhagalpur, P.S.- Mojahidpur, District- Bhagalpur ... Petitioners

Versus

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

For the Petitioners :

Mr. Madhav Krishna, Adv.

For the Opposite Party :

Mr. Nand Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 16-07-2021 As prayed for, through video conferencing, let the learned counsel for the petitioners remove the defect(s), as pointed out by the office vide it's note, dated 24.12.2020, within four weeks of starting of the Court proceeding in physical mode properly.

Heard the parties through video conferencing. The petitioners seeks pre-arrest bail in connection with Mojahidpur (Babarganj) P.S. Case No. 129 of 2020, pending in the Court of the Chief Judicial Magistrate, Bhagalpur, registered under Section 392 of the Indian Penal Code.

Submission is that it would appear from the first information report that on the basis of fardbeyan of Umesh

Patna High Court CR. MISC. No.39497 of 2020(2) dt.16-07-2021 2/2 Prasad Sah, Mojahidpur (Babarganj) P.S. Case No. 129 of 2020 was instituted on 22.06.2020 under Section 392 of the Indian Penal Code against four persons boarded on red colour Pulsar motorcycle and Apache motorcycle. In course of investigation the name of the petitioners surfaced in the confessional statement of co-accused, Sunny Kumar, having hand in the present case and the name of petitioner no. 1 (Ritesh Kumar) surfaced during investigation to give shelter to other co-accused. On perusal of the first information report, it is apparent that the informant has detailed the physique of four persons indulged in committing the robbery, as such, I am not inclined to grant the privilege of pre-arrest bail to the petitioners. The prayer for pre-arrest bail is rejected with direction to the petitioners to surrender before the Court below and seek regular bail, which shall be considered by the trial Court on its own merit, without being prejudiced of this order. (Rajendra Kumar Mishra, J) Shamshad/- U T