Ritesh Kumar @ Bihari Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.66519 of 2024 Arising Out of PS. Case No.-232 Year-2023 Thana- MAHESHKHUNT District- Khagaria ====================================================== Ritesh Kumar @ Bihari Yadav Son of Late Manoj Yadav R/O Vill.- Govindpur, Ward No.- 10, P.S.- Maheshkhunt, Dist.- Khagaria ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rajeev Ranjan No. II, Adv.

For the Opposite Party/s :

Mr. Rajendra Nath Jha, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 21-09-2024 Heard learned counsel for the petitioner and learned A.P.P for the State.

2. The petitioner has preferred this application for grant of regular bail in connection with Maheshkhunt P.S. Case No. 232 of 2023 dated 09.11.2023 registered for the offences punishable u/s 307 of the Indian Penal Code and Section 27 of the Arms Act.

3. As per the prosecution case, it is alleged that an unknown person attempted to shoot the informant's father when he was sitting at the counter, but the attempt failed.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. The petitioner is not named in the F.I.R. The

Patna High Court CR. MISC. No.66519 of 2024(2) dt.21-09-2024 2/3 name of the petitioner has sprung up in this case by the confessional statement of co-accused, namely, Lalu Kumar. Learned counsel has further submitted that no one had sustained firearm injury hence, no offence under section 307 is made out against the petitioner. The I.O. has submitted supplementary charge-sheet against the petitioner. No T.I.P. has been conducted by the prosecution. It is further submitted that the petitioner has no concern with the alleged offence. The other co-accused person has already been granted bail by this Court vide order dated 07.08.2024 passed in Cr. Misc. No. 49018 of 2024. The petitioner has three criminal antecedents in which he is on bail in all cases as stated in para 3 of the bail petition. The petitioner is in custody since 19.04.2024.

5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

6.

Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner above-named, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Khagaria in

Patna High Court CR. MISC. No.66519 of 2024(2) dt.21-09-2024 3/3 connection with Maheshkhunt P.S. Case No. 232 of 2023.

7. The application stands allowed.

(Chandra Prakash Singh, J) Aman Kumar/- U