Ritesh Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.61595 of 2024 Arising Out of PS. Case No.-41 Year-2024 Thana- DARAUNDA District- Siwan ====================================================== Ritesh Singh S/o- Chandrama Singh Resident of village- Bhikhpur Bhagwanpur, P.S- MH Nagar Dist- Siwan ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Kumari Anupam, Adv.
For the Opposite Party/s :
Mr.Ahmad Ali, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 04-09-2024 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner seeks bail in connection with Daraunda P.S. Case No. 41 of 2024 instituted for the offences under Section 392 of the Indian Penal Code.
3. As per prosecution case, four persons riding on two motorcycles came, parked the motorcycles in front of the C.S.P. and barged into the same. It is alleged that one of them on the point of pistol captivated the customers and remaining three accused persons armed with pistol entered into the counter and after pointing pistol on the Informant and his staff, took out Rs. 2,50,000/- from the counter along with some pass-books and Aadhar Cards. Thereafter, all the accused persons fled away
Patna High Court CR. MISC. No.61595 of 2024(2) dt.04-09-2024 2/3 riding on their motorcycles.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence as alleged against him and has falsely been implicated in the present case due to village politics and highhandedness of the police. The petitioner is not named in the F.I.R. and his name has surfaced in this case in course of investigation. He further submits that nothing incriminating has been recovered from the conscious possession of the petitioner. There is no direct or specific allegation of any overt act against the petitioner rather the same is general and omnibus in nature. The petitioner has no concern with the alleged occurrence. No T.I.P. has been held by the Investigating Officer till date. The petitioner has three criminal antecedents and is languishing in judicial custody since 06.05.2024 without any rhymes or reason.
5. On the other hand, learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.
6. Having heard rival contention of both the parties and considering the entire facts and circumstances of the case as also taking into account the period of custody of the petitioner, let the petitioner, abovenamed, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of
Patna High Court CR. MISC. No.61595 of 2024(2) dt.04-09-2024 3/3 the like amount each to the satisfaction of Court below/concerned Court in connection with Daraunda P.S. Case No. 41 of 2024.
(Rudra Prakash Mishra, J) rishi/- U T