Ritesh Chaudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.64234 of 2024 Arising Out of PS. Case No.-30 Year-2024 Thana- Chhaudahi District- Begusarai ====================================================== Ritesh Chaudhary Son of Kailash Chaudhary R/o Vill.- Sawant, Ward No.- 12, P.S.- Chhaurahi, Dist.- Begusarai.

... ... Petitioner/s

Versus

1.

The State of Bihar Bihar 2.

The State Of Bihar AG BIHAR AG BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Kumar Binode Bariar For the Opposite Party/s :

Mr. Shyam Kumar Singh Mr. Sanju Singh Mr. Ajay Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 01-10-2024 Heard the learned counsel for the petitioner, learned APP for the State and learned counsel for the informant.

2. The petitioner seeks regular bail in the present case registered for the offence under Sections 341, 323, 302, 120B, 504, 506, 34 of the Indian Penal Code.

3. As per the prosecution case, the petitioner is said to have participated in the killing of the deceased.

4. Learned counsel for the petitioner submits that one Rani Kumari in her statement given under Section 164 of the Cr.P.C. has stated that co-accused Bablu Choudhary had cut the throat of the deceased as Rani Kumari was in relationship with the deceased. Petitioner is not said to be present as per the statement of Rani Kumari. Petitioner is in custody since 06.05.2024 and has clean antecedent.

Patna High Court CR. MISC. No.64234 of 2024(2) dt.01-10-2024 2/2

5. Learned A.P.P. has vehemently opposed the prayer for bail.

6. Considering the aforesaid facts and circumstances, this application for regular bail is allowed.

7. Let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand)with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Begusarai/concerned Court below in connection with Chhaurahi P.S. Case No. 30 of 2024 subject to condition that:- 7(i) The petitioner shall appear in the trial regularly either personally or through his lawyer and shall cooperate in the trial.

(ii). Before accepting the bailbond of the petitioner, the court below will verify the antecedent of the petitioner. If the petitioner is found having clean antecedent, the bail-bond of the petitioner shall be accepted. If the petitioner is found having criminal antecedent(s), his bail-bond shall not be accepted by the court below.

(Sandeep Kumar, J) Shishir/- U T