Ritesh Kumar @ Ritesh Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.67713 of 2021 Arising Out of PS. Case No.-229 Year-2021 Thana- GARKHA District- Saran ====================================================== RITESH KUMAR @ RITESH KUMAR SINGH Son of Sachidanand Singh Resident of Village - Maricha, P.S.- Garkha, District - Saran at Chapra. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Nawal Kishore Singh, Advocate For the Opposite Party/s :

Mr.Vinod Shanker Modi, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 13-01-2022 Due to the third wave of COVID-19 Pandemic, the matter is being taken up by way of Virtual Court proceeding. The matter has been listed under the heading 'For Orders' under the orders of Hon'ble the Chief Justice. Heard learned counsel for the petitioner and learned APP for the State through virtual mode.

Learned Counsel for the petitioner is directed to remove the defect(s), as pointed out by the office, within a period of four weeks after restoration of normalcy. The petitioner is apprehending his arrest in connection with Garkha P.S. case No.229/21 registered under Sections 447, 341, 323, 427, 353, 504/34 of the Indian Penal Code and Sections 3⁄4 of Damage of Public Property Act. Allegation is that the accused persons including the petitioner caused damage to the electricity centre and abused the

Patna High Court CR. MISC. No.67713 of 2021(2) dt.13-01-2022 2/3 employees and stopped electric supply and also tore log books and broke furniture.

It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner has falsely been implicated in the present case. Due to interrupted electric supply, there was scuffle between the local residents and the employees of the electricity department. General and omnibus allegation has been made against the petitioner. No specific overt act is alleged against the petitioner. Altogether 4 named persons alongwith 3540 unknown persons have been made accused in the present case.

On behalf of the State, it is submitted that the petitioner is named in the complaint case/F.I.R. It is necessary to indicate here that this Court while considering the prayer made in the present anticipatory bail application has taken note of the exponential rise in number of covid cases due to outbreak of third wave of Covid-19 pandemic. Further this Court can also not lose sight of the fact that the condition of jails is not conducive and suitable to the present situation which has arisen due to the sudden rise in

Patna High Court CR. MISC. No.67713 of 2021(2) dt.13-01-2022 3/3 covid cases.

Considering the facts and circumstances, the petitioner, above named, in the event of arrest or surrender before the learned court below within a period of twelve weeks from today, be released on anticipatory bail on his personal bond to the satisfaction of Sri Chandra Bosh Kumar Singh, J.M. 1st class, Saran at Chapra in connection with Garkha P.S. case No.229/2021, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. Once the normalcy is restored, the petitioner shall furnish bail bonds of Rs.10,000/- (Rupees ten thousand) with two sureties of the like amount each within a period of eight weeks to the satisfaction of the Court concerned in connection with the aforesaid case.

(Sudhir Singh, J) Narendra/- U T