Ritik Kumar @ Ritik Raushan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.56563 of 2023 Arising Out of PS. Case No.-194 Year-2023 Thana- DHANARUA District- Patna ====================================================== Ritik Kumar @ Ritik Raushan S/O Ranjeet Kumar Bharhi R/O VillageRewa, P.S- Masaurhi, Distt.- Patna. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Syed Alamdar Hussain, Advocate Mr. Shashi Bhushan Kumar, Advocate Mr. Syed Asgher Najmi, Advocate Mr. Prem Kumar, Advocate For the Opposite Party/s :
Mr. Suresh Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 30-08-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner seeks regular bail in connection with Dhanarua P.S. Case No. 194 of 2023, lodged on 18.04.2023 under Sections 413/414/420/34 of the Indian Penal Code.
3. As per prosecution case, FIR has been lodged against three named accused persons. Allegation against petitioner along with other co-accused is of theft of motorcycle of the informant.
4. Counsel for the petitioner submits that petitioner is not the person against whom against whom FIR has been lodged. He submits that his name has come by virtue of
Patna High Court CR. MISC. No.56563 of 2023(2) dt.30-08-2023 2/3 confessional statement of co-accused in the FIR. He admits that the alleged motorcycle which was subject theft has been recovered from his house. Counsel submits that the petitioner is innocent and he is living in a joint family, having clean antecedent. He is in custody since 18.06.2023 and ready to fulfill all the conditions whatever shall be imposed. Counsel submits that the provision inter alia, FIR has been lodged are magestrial triable.
5. Learned counsel for the State opposes the prayer for bail.
6. In the present facts and circumstances of this case and the submissions made above, let the petitioner above named, be granted bail on furnishing bail bonds of Rs.30,000/- (Rupees Thirty thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, 1st Class, Masaurhi, in connection with Dhanarua P.S. Case No.194 of 2023, subject to the following conditions:
(i) one of the bailor should be the family member of the petitioner who shall provide official document to show his bona fide;
(ii) the petitioner shall appear on each and every date before the Trial Court and failure to do so for two consecutive
Patna High Court CR. MISC. No.56563 of 2023(2) dt.30-08-2023 3/3 dates without plausible reason will entail cancellation of his bail bonds by the Trial Court itself;
(iii) the petitioner shall appear before the concerned police station every month for one year to mark attendance; (iv) the petitioner shall in no way try to induce or promise or threat the witnesses or tamper with the evidence, failing which the State shall be at liberty to take steps for cancellation of the bail bonds; and (v) the petitioner shall desist from committing any criminal offence again, failing which the State shall be at liberty to take steps for cancellation of the bail bonds. (Dr. Anshuman, J) saurabhkrsinha/- U T