Ritesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.22997 of 2017 Arising Out of PS.Case No. -116 Year- 2016 Thana -MINAPUR District- MUZAFFARPUR ====================================================== Ritesh Kumar, son of Late Om Prakash Rai, resident of Village- Sarha Dambar, P.S.- Motipur, District- Muzaffarpur. .... .... Petitioner

Versus

The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Raju Kumar, Advocate For the Opposite Party/s : Mr. Ram Naresh Ray, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 15-05-2017 Heard learned counsel for the petitioner.

This is an application for bail in connection with Minapur P.S.Case No. 116 of 2016 registered for the offences punishable under Sections 461 and 379 of the Indian Penal Code. Allegation against the petitioner is of house trespass as well as theft.

It has been submitted on behalf of the petitioner that petitioner has falsely been implicated in this case and he is not named in the FIR and later on his name transpires during course of investigation and on the basis of that he has been remanded in this case. It has further been submitted that petitioner is on bail on other case and now he is in custody for 11 months in this case. Heard learned APP also.

Having heard both sides and considering the aforesaid facts and circumstances and also considering the fact that nothing has been recovered from his possession, let the petitioner, named

Patna High Court Cr.Misc. No.22997 of 2017 (2) dt.15-05-2017 2/2 above, be released on bail on furnishing bail bond of Rs.25,000/- (Rupees twenty five thousand) with two sureties of the like amount each to the satisfaction of Sri S.K.Rai, Judicial Magistrate, 1st Class, Muzaffarpur, in connection with Minapur P.S.Case No. 116 of 2016, corresponding to Trial No. 2798 of 2016, subject to the conditions that :- (i) One of the bailors of the petitioner shall be a local person having sufficient immovable properties within the jurisdiction of the concerned Court.

(ii) The petitioner will not induce any witness or tamper with the evidence.

(iii) The petitioner shall cooperate in the disposal of trial and make himself available as and when required by the court and on the event of failure on his part to appear before the court below on two consecutive dates without showing any genuine reason, the prosecution is free to move for cancellation of his bail.

(Vinod Kumar Sinha, J) spal/- U