Ritesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.55481 of 2023 Arising Out of PS. Case No.-38 Year-2023 Thana- MIRGANJ District- Gopalganj ====================================================== Ritesh Kumar Son Of Chandrahas Singh R/O Vill - Shaheba Chak, P.S. - Mirganj, Distt. - Gopalganj Pin Code - 841436 ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Dilip Kumar For the Opposite Party/s :

Mr.Madhura Nand Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 30-08-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 394 of the Indian Penal Code.

As per prosecution case, the allegation against three unknown miscreants is that they boarded on a motorcycle came and on pistol point took away the motorcycle of the informant. It is further alleged that they also gave knife blow to the informant but anyhow he saved himself.

Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has

Patna High Court CR. MISC. No.55481 of 2023(2) dt.30-08-2023 2/2 falsely been implicated in this case merely on the basis of confessional statement of co-accused. He has got no criminal antecedent. Neither the petitioner is named in the FIR nor he was put on TIP. It is further submitted that nothing looted article has been recovered from his conscious possession. Moreover, the petitioner is languishing in judicial custody since 22.06.2023. Learned APP appearing for the state has opposed the prayer of regular bail.

Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody of the petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Mirganj P.S. Case No. 38 of 2023 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Concerned Court. (Sunil Kumar Panwar, J) Manishkumar/- U T