Ritesh Mahto @ Ritesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.64305 of 2024 Arising Out of PS. Case No.-101 Year-2023 Thana- BELA INDUSTRIAL DistrictMuzaffarpur ====================================================== Ritesh Mahto @ Ritesh Kumar Son of Bindeshwar Mahto @ Bindeshwer Mahto Resident of village - Bela Bihar, Lane No.- 2, P.S.- Bela, District - Muzaffarpur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sagar Kumar, Advocate For the Opposite Party/s :

Mr. Rabindra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 06-09-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2.

The petitioner apprehends his arrest in connection with Bela Industrial P.S. Case No. 101 of 2023 registered for the offences punishable under Sections 341, 342, 323, 324, 307, 504, 506/34 of the Indian Penal Code.

3.

Prosecution case in short is that petitioner along with other co-accused persons have assaulted the informant with lathi and rods.

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.

Patna High Court CR. MISC. No.64305 of 2024(2) dt.06-09-2024 2/3 It is submitted by learned counsel for the petitioner that there is no specific allegation levelled against the petitioner. Rather, allegation is general and omnibus in nature. Learned counsel further submits that there is delay of nne days in lodging of the FIR without plausible explanation, which itself raised doubt over the prosecution case. It is further submitted by learned counsel that from perusal of the FIR, it is very clear that informant himself fell down in the drainage and got injured. Petitioner claims clean antecedent. Other co-accused has been allowed regular bail by this Court vide order dated 18-03-2024, passed in Cr. Misc. No. 19435 of 2024.

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.

Considering the rival submissions made by the learned counsel for the parties, let the petitioner above-named, in the event of his arrest or surrender before the learned Court below 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 court below where the case is pending/successor court in connection with Bela Industrial P.S. Case No. 101 of 2023, subject to the conditions

Patna High Court CR. MISC. No.64305 of 2024(2) dt.06-09-2024 3/3 as laid down under Section 438 (2) of the Cr.P.C. (Rudra Prakash Mishra, J) Raj Kishore/- U T