Ritesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.57704 of 2025 Arising Out of PS. Case No.-1 Year-2023 Thana- KATIHAR MUFFASIL District- Katihar ====================================================== Ritesh Kumar Son of Sri Natwar Agarwal @ Radhe Agarwal Resident of Gareri Tola Road No.- 1, P.S.- Katihar Town, District - Katihar, Bihar. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Avinash Shekhar For the Opposite Party/s :

Mr.Parmeshwar Mehta ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 03-09-2025 1.

Heard learned counsel for the petitioner and learned A.P.P. for the State.

2.

The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 420 and 34 of the Indian Penal Code and Sections 7(1)(a)(ii) of Essential Commodities Act. 3.

Learned counsel for the petitioner submits that petitioner is a person with clean antecedent. It is next submitted that the offences for which the instant FIR has been instituted, carries punishment of 7 years and less. It is further submitted that during the course of investigation, petitioner was given notice under Section 41A Cr.P.C. It is next submitted that the petitioner, during the course of investigation, cooperated with the police. It is also submitted that the police, during the course of investigation, never felt the need of arresting the petitioner, but then charge-sheet came to be submitted, based on which cognizance has been taken, as such, petitioner

Patna High Court CR. MISC. No.57704 of 2025(2) dt.03-09-2025 2/2 apprehends his arrest. It is next submitted that since police during the course of investigation after giving notice under Section 41A Cr.P.C, did not find any material warranting his arrest, whether it would be prudent for the Court to send the petitioner to jail, based on an order of cognizance, which came to be taken after filing of the chargesheet. 4.

Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.

5.

Considering the submissions made by the learned counsel for the petitioner, the petitioner above-named, in the event of his arrest or surrender before the learned trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned trial court where the case is pending/successor court in connection with Katihar (Mufassil) P.S. Case No. 1 of 2023, subject to the conditions as laid down under Section 482 (2) of the BNSS.

(Satyavrat Verma, J) Sumit/- U T