Ritesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.52010 of 2025 Arising Out of PS. Case No.-157 Year-2024 Thana- KHIRI MORE District- Patna ====================================================== Ritesh Kumar S/o- Ranjay Mistry @ Ranjay Mistri R/O- Village- Nirakhpur, P.S.- Khiri More, District- Patna.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Kundan Kumar, Advocate For the Opposite Party/s :

Mr. Shailendra Kumar, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 01-09-2025

1. Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 331(4), 305(a), 317(2) and 3(5) of the BNS.

3. Learned counsel for the petitioner submits that petitioner has antecedent of two cases and the informant alleges that Lohari Yadav was apprehended with the stolen sewing machine and he disclosed that Ritesh Kumar (petitioner) committed the theft and gave the sewing machine to him and also disclosed that he along with Ritesh Kumar had earlier stolen the bicycle of the informant and Ritesh Kumar had given Rs.5,000/- after selling the bicycle.

4. Learned counsel for the petitioner submits that petitioner has been falsely implicated in the instant case by the

Patna High Court CR. MISC. No.52010 of 2025(2) dt.01-09-2025 2/3 informant based on the confessional statement of Lohari Yadav in police custody which does not have any evidentiary value in the eye of law. It is further submitted that petitioner will not abscond rather with cooperate in the investigation to prove his innocence.

5. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.

6. Considering the submissions made by the learned counsel for the petitioner, let the petitioner above-named, in the event of his arrest or surrender before the learned trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned trial court where the case is pending/Successor Court in connection with Khiri More P.S. Case No. 157 of 2024, subject to the conditions as laid down under Section 482(2) of the BNSS.

7. One of the bailors of the petitioner shall be his father, namely, Ranjay Mistry @ Ranjay Mistri.

8. However, if the investigating officer of the case files an application before the learned trial court bringing to its notice that the petitioner despite giving assurance to this Court

Patna High Court CR. MISC. No.52010 of 2025(2) dt.01-09-2025 3/3 is not cooperating in the investigation, the learned trial court shall be at liberty to cancel the bail bonds of the petitioner. (Satyavrat Verma, J) Kundan/- U T