Ritesh Kumar @ Bittu v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.63973 of 2018 Arising Out of PS. Case No.-146 Year-2018 Thana- GARDANIBAG District- Patna ====================================================== Ritesh Kumar @ Bittu S/o Rajesh Kumar, R/o Chitkohra Bazar, Beur Road, P.S.- Gardanibagh, District- Patna.

... ... Petitioner/s

Versus

1.

The State Of Bihar 2.

Ashok Kumar, son of Late Kanwar Ram, r/o. Chitkohra, Beur Road, P.S. Gardanibagh, Dist. Patna.

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

For the Petitioner/s :

Mr. N.K.Agrawal, Sr. Advocate Mr.Mithlesh Kumar Gupta, Adv For the Opposite Party/s :

Mr. Shiva Nand Giri, Adv For the State Mr.Uma Shankar Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 25-02-2019 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner apprehends his arrest for the offences alleged under Sections 406, 420, 379,504 & 506 IPC registered in connection with Gardanibagh P.S. Case No. 146/2018.

3. It is submitted that the petitioner has been falsely implicated and in any event, the dispute between the parties has since been amicably settled. The petitioner claims clean antecedents.

4. Mr. Shiva Nand Giri, learned counsel for the opposite party no. 2 makes a statement at the Bar confirming that the dispute has in fact been settled amicably between the parties.

5. Be that as it may, in the event of the petitioner's arrest or surrender before the court below within six weeks from the date of communication of this order, let the above named petitioner be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of learned Sub Judge XIV-cum-ACJM, Patna, in connection with Gardanibagh P.S. Case

Patna High Court Cr.Misc. No.63973 of 2018(3) dt.25-02-2019 2/2 No. 146/2018, subject to the conditions as laid down under Section 438 (2) Cr.P.C. and also subject to the following further conditions: i. That one of the bailors shall be a close relative of the petitioner. ii. That the petitioner shall not indulge in any similar offence till conclusion of the trial.

iii. That the petitioner shall co-operate with the investigation, if not already concluded, and make himself available as and when so required and in case of failure, the State shall be at liberty to move for cancellation of bail.

iv. The petitioner shall remain physically present in Court on each and every date during trial and in the event of failure on two consecutive dates without sufficient reason, his bail bond shall be liable to be cancelled by the learned Court concerned. (Vikash Jain, J) Chandran/- U T