Ritesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.47462 of 2024 Arising Out of PS. Case No.-129 Year-2023 Thana- SANJHOLI District- Rohtas ====================================================== Ritesh Kumar Son of Surendra Singh R/o Vill.- Barhkhana, P.S.- Sanjhauli, Dist.- Rohtas ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rakesh Kumar Mishra, Advocate.

For the Opposite Party/s :

Mr.Navin Kumar Pandey, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 07-08-2024 Heard Mr. Rakesh Kumar Mishra, learned counsel appearing on behalf of the petitioner and Mr. Navin Kumar Pandey, learned APP for the State.

2. The petitioner seeks pre-arrest bail in connection with Sanjhauli P.S. Case No. 129 of 2023 registered for the offence punishable under Sections 341, 323, 307, 504 and 506/34 of the Indian Penal Code.

3. As per the allegation made in the F.I.R., the petitioner along with other accused persons assaulted the informant with an intention to kill him. Specific allegation against the petitioner is that he had assaulted on the head of the informant.

4. Learned counsel appearing on behalf of the petitioner submitted that the petitioner is innocent and he has committed no offence as alleged. Both the sides indulged into

Patna High Court CR. MISC. No.47462 of 2024(2) dt.07-08-2024 2/3 fierce fight and in course of the same the petitioner in his self defence might have caused some injury to the informant's side which was not intentional. There is case and counter case between the parties arising out of the same incidence. The injury sustained by the informant is simple in nature. The petitioner has clean antecedent.

5. Learned APP for the State has vehemently opposed the prayer for grant of pre-arrest bail to the petitioner.

6. Considering the aforesaid facts and circumstances and the nature of allegation against the petitioner, the petitioner, above named, is directed to be released on pre-arrest bail, in the event of his arrest or surrender before the Court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned ACJM-IV, Bikramganj, Rohtas in connection with Sanjhauli P.S. Case No. 129 of 2023, subject to the condition as laid down under Section 438(2) of the Cr.P.C.

7. The court below is directed to verify the criminal antecedent of the petitioner and if it is found that the petitioner is involved in some other cases as what has been stated in Para3 of the bail petition, this order will automatically lose its force.

Patna High Court CR. MISC. No.47462 of 2024(2) dt.07-08-2024 3/3

8. The bail application stands disposed of.

(Purnendu Singh, J) mantreshwar/- U T