Ritesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.61854 of 2019 Arising Out of PS. Case No.-362 Year-2018 Thana- BARAUNI District- Begusarai ====================================================== RITESH KUMAR, (Male, aged about 24 years), Son of Mukesh Singh, R/oVill- Keshawe, P.S.- Barauni, Dist. Begusarai. ... ... Petitioner

Versus

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

For the Petitioner :

Mr.Shubhesh Pandey, Advocate.

For the Opposite Party :

Mr.Akbar Ali, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 14-11-2019 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner seeks bail in a case for the offence registered under Section 392 of the IPC.

The prosecution story, in brief, is that the informant works in E. Courier since last two months. On 03.08.2018, he went to Manjhaul for distribution of his courier articles and at about 8.30 P.M. he proceeded for his office Barauni from Koria Chowk through Begusarai Power House. In the way N.H. 31 when he reached at Hapur Dhal, three persons riding on Apache Motorcycle stopped in front of him in which one person pointed pistol in his stomach and another pointed pistol on his head and started to snatch his bag. The culprits forcibly snatched bag, purse and Mobile.

It has been submitted by learned counsel for the

Patna High Court CR. MISC. No.61854 of 2019(2) dt.14-11-2019 2/2 petitioner that the petitioner is languishing in custody since 26.06.2019. The petitioner has falsely been implicated in the present case. Charge sheet has been submitted in the present case. There is no allegation of tampering with the witnesses alleged against the petitioner. The petitioner is not named in the F.I.R. The name of the petitioner has come in the present case on the basis of confessional statement of co-accused. Except for this, there is no substantive evidence to suggest the implication of the petitioner in the present case. There is no recovery of any incriminating article from possession of the petitioner. The petitioner has not been put on T.I. Parade.

On behalf of the State, it is submitted that the petitioner is not named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioner above named, 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 the learned C.J.M. Begusarai, in connection with Barauni P.S. Case No. 362 of 2018.

(Sudhir Singh, J) U.K./- U T