Ritesh Kumar Sah @ Nitesh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.50237 of 2022 Arising Out of PS. Case No.-26 Year-2022 Thana- TISIAUTA District- Vaishali ====================================================== Ritesh Kumar Sah @ Nitesh S/O Rajeev Sah Resident Of VillageNaurangabad, P.S.- Hajipur Sadar, Dsitrict- Vaishali. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Dr. Satyendra Kumar Srivastava For the Opposite Party/s :

Mr.Madhuri Lata ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 11-01-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has filed the instant application for grant of regular bail in a case registered for the offences punishable under Sections 25(1-b)a, 26, 35 of Arms Act and Section 414, 120(B) of the Indian Penal Code.

The prosecution case in nutshell is that three persons including the petitioner and co-accused persons, who were coming on motorcycle, were arrested on spot by the raiding party. Allegation against the petitioner is that two live cartridges were recovered from his

Patna High Court CR. MISC. No.50237 of 2022(2) dt.11-01-2023 2/3 possession.

It is submitted by learned counsel for the petitioner that the petitioner is innocent and he has falsely been implicated in the present case. It is also submitted that petitioner is languishing in judicial custody since 13.03.2022. It is further submitted that petitioner has no concern with the seized motorcycle. Co-accused Ravi Kumar stated that he had purchased the said motorcycle from co-accused Ashutosh Kumar. A statement has been made in para 3 of the petition that petitioner has no criminal antecedent.

Learned APP appearing for the State has vehemently opposed the prayer for Bail.

Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case, this Court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail in connection with Tisiauta P.S. Case No. 26 of 2022 on furnishing

Patna High Court CR. MISC. No.50237 of 2022(2) dt.11-01-2023 3/3 bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate, 1st Class, Hajipur, Vaishali.

(Sunil Kumar Panwar, J) nirajkrs/- U T