Ritesh @ Ritesh Kumar Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.56284 of 2024 Arising Out of PS. Case No.-110 Year-2024 Thana- DUMRAO District- Buxar ====================================================== Ritesh @ Ritesh Kumar Singh Son of Ramji Singh RESIDENT OF PURANA BHOJPUR, P.S.- DUMRAON, DISTT.- BUXAR ... ... Petitioner/s
Versus
1.
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Ajay Kumar Singh No. I, Advocate.
For the Opposite Party/s :
Mr.Tapeshwar Sharma, APP.
====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 29-11-2024 Heard Mr. Ajay Kr Singh No.1, learned counsel appearing on behalf of the petitioner and Mr. Tapeshwar Sharma, learned APP for the State.
2. The petitioner seeks pre-arrest bail in connection with Dumraon P.S. Case No. 110 of 2024 registered for the offence(s) punishable under Sections 341, 323, 324, 307, 447/34 of the Indian Penal Code and Section 27 of the Arms Act.
3. As per the allegation made in the FIR, the accused persons named therein including the petitioner have assaulted the informant by means of sharp cutting weapon and also fired upon him.
4. Learned counsel appearing on behalf of the petitioner submitted that from the very allegation made in the
Patna High Court CR. MISC. No.56284 of 2024(2) dt.29-11-2024 2/3 F.I.R., it is clear that the victim has not sustained any injury and even the injury report shows that the injury has not been caused either by any sharp weapon or by any firearm, rather the same is simple in nature and caused by hard and blunt substance and, as such, the allegation cannot be sustained against the petitioner. Petitioner has no criminal antecedent. Similarly situated coaccused namely Rocky Singh, Rahul Kumar and Rohit Kumar have been enlarged on bail by this Court vide order dated 26.06.2024 passed in Cr. Misc. No. 37475 of 2024.
5. Learned APP for the State vehemently opposed the prayer for grant of pre-arrest bail.
6. Considering the nature of allegation and also the fact that the injury sustained by the victim is simple in nature, I am of the opinion that petitioner has, prima facie, made out a case to be released on pre-arrest bail.
7. 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/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Buxar in connection with Dumraon P.S. Case No. 110 of 2024, subject to
Patna High Court CR. MISC. No.56284 of 2024(2) dt.29-11-2024 3/3 the conditions as laid down under Section 438(2) of the Cr.P.C.
8. The District Court 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. (Purnendu Singh, J) mantreshwar/- U T