Ritesh Kumar @ Nitesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.56849 of 2024 Arising Out of PS. Case No.-77 Year-2024 Thana- BOCHAHAN District- Muzaffarpur ====================================================== Ritesh Kumar @ Nitesh Kumar, son of Rajesh Sahani (Sahni) @ Ramesh Sahani (Sahni), Resident of Village- Sharwani Chak, P.S.- Bochahan DistMuzaffarpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Umesh Lal Verma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER 21-08-2024 Heard Mr. Anish Kumar, learned Advocate for the petitioner and learned APP for the State.

2. The petitioner seeks regular bail, who is in custody in connection with Bochaha (Bochahan) P.S. Case No. 77 of 2024 registered for the offences punishable under Section 414 of the Indian Penal Code and Sections 25(1-B)(a), 26/35 of the Arms Act.

3. The police, on a tip of assemblage of miscreants, conducted raid and apprehended the petitioner. On search, one country made pistol and one live cartridge, besides a knife were recovered from the possession of the petitioner.

4. Learned Advocate for the petitioner contended that the very basis of the institution of the F.I.R. is his past two

Patna High Court CR. MISC. No.56849 of 2024(2) dt.21-08-2024 2/3 criminal antecedent; and as the petitioner was carrying two criminal antecedent, the police personnel were chasing behind him and when he was found in suspicious circumstances, his name has been implicated in this case, showing the recovery of arms and ammunition from his possession. The seizure list witnesses are non-else, but the police personnel, apart from the other infirmities in the search and seizure, is the contention of the learned Advocate for the petitioner. It is next contended that the police after completion of investigation submitted chargesheet and now the petitioner is in custody since 07.04.2024.

5. On the other hand, learned APP for the State vehemently opposes the bail application and submits that the petitioner is carrying two criminal antecedent on his credit. Moreover, from the conscious possession of the petitioner arms and ammunition have been recovered.

6. Regard being had to the submissions made on behalf of the parties and considering the fact that the investigation of the crime is complete and charge-sheet has been submitted in this case and the case is triable by the Magistrate, let the petitioner, named above, be released on bail on furnishing bail bonds of Rs.20,000/- (Rupees twenty thousand) with two sureties of the like amount each to the satisfaction of learned

Patna High Court CR. MISC. No.56849 of 2024(2) dt.21-08-2024 3/3 Additional Chief Judicial Magistrate-XIV, East Muzaffarpur in connection with Bochaha (Bochahan) P.S. Case No. 77 of 2024, subject to the condition that one of the bailors will be the close relatives of the petitioner with further conditions which are as follows:- (i) The petitioner will cooperate in conclusion of the trial.

(ii) He will remain present on each and every date of trial till disposal of the case.

(iii) He will not try to tamper with the evidence or intimidate the witnesses to delay the disposal of trial. (iv) In the event of default of two consecutive dates without any cogent reason, his bail bonds will liable to be cancelled.

(Harish Kumar, J) uday/- U T