Ritik Kumar @ Bhulchand v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.66417 of 2024 Arising Out of PS. Case No.-295 Year-2024 Thana- HAJIPUR SADAR District- Vaishali ====================================================== Ritik Kumar @ Bhulchand Son of Sanjit Kumar @ Sanjit Kumar Singh R/OVillage Balwa Koari,P.S -Hajipur, District- Vaishali ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Awadhesh Kumar Singh For the Opposite Party/s :

Mr.Prem Kumar Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 19-11-2024 Heard learned counsel for the petitioner and learned APP for the State. Perused the case diary.

2. The petitioner seeks bail in Hajipur Sadar P.S. case No. 295 of 2024 instituted for the offences under Section 392 of the Indian Penal Code.

3. Prosecution allegation, in short, is that the while the informant was standing with pick-up van loaded with chicken, one person stopped him and asked him to follow and later instructed to ask money from the owner on gun point.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. The petitioner is not named in the F.I.R. No incriminating material has been recovered either from the house

Patna High Court CR. MISC. No.66417 of 2024(3) dt.19-11-2024 2/3 or from the conscious possession of the petitioner. During the course of investigation, the name of the petitioner was transpired on the basis of C.C.T.V footage and in spite of that the petitioner has not been put on Test Identification Parade to ascertain his participation in the alleged occurrence. Chargesheet has been submitted in this case. The petitioner is in custody since 18.05.2024 and has no criminal antecedent.

5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner. Referring to statement made in paragraph 71 of the case diary, learned APP submits that a mobile was recovered from the possession of the petitioner and in the confessional statement, the petitioner has also admitted his guilt.

6. Considering the aforesaid facts and circumstances of the case, the period of custody undergone by the petitioner and the charge-sheet being submitted, this Court is inclined to grant bail to the petitioner.

7. Let the petitioner be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Hajipur Sadar P.S. case No. 295 of 2024, subject to the following conditions:

Patna High Court CR. MISC. No.66417 of 2024(3) dt.19-11-2024 3/3 (I) One of the bailors shall be own/close member of the family of the petitioner.

(II) The petitioner shall appear on each and every date fixed at the trial. In case of default in such appearance on two consecutive dates, the Trial Court will have liberty to cancel the bail bonds of the petitioner.

(Rudra Prakash Mishra, J) Pankaj/- U T