Ritesh Kumar @ Ritesh Kumar Ray v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.71146 of 2022 Arising Out of PS. Case No.-303 Year-2022 Thana- DIGHWARA District- Saran ====================================================== Ritesh Kumar @ Ritesh Kumar Ray Son Of Phool Babu Yadaw R/O Vill.- Raghupur Tola Balha, P.S.- Garkha, Distt.- Saran (Chapra) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Anil Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 12-04-2023 Heard learned counsel appearing on behalf of the petitioner and learned APP appearing on behalf of the State. The petitioner seeks bail in connection with Dighwara P.S. Case No.303 of 2022 registered for the offence under Sections 392 and 412 of the Indian Penal Code and Sections 25(1-b)a, 26 of the Arms Act.

The accused/petitioner is named in the F.I.R. and is in custody since 06.09.2022.

The allegation against the petitioner is to commit robbery from the meat shop of the informant alongwith other co-accused persons and while committing so taken away cash of Rs.50,000/- (Rupees Fifty Thousand) belongs to informant. Learned counsel appearing on behalf of the petitioner

Patna High Court CR. MISC. No.71146 of 2022(2) dt.12-04-2023 2/3 submitted that petitioner has been falsely implicated in this case out of altercations, which developed during the course of purchasing meat from the shop of the informant. It is also submitted that arrest in the present case is admittedly made by the informant and others, who produced petitioner before police, whereafter upon search one loaded country-made pistol alongwith two live cartridges were alleged to be recovered from the possession of this petitioner. While concluding the argument, it is submitted that petitioner is a man of clean antecedent and moreover, investigation of this case has been completed, for which, charge-sheet has already been submitted, as such, there is no chance of tampering with the evidence. Learned APP appearing on behalf of the State, opposes the prayer for bail.

In view of the facts and circumstances as mentioned above as arrest of petitioner was made by private persons coupled with the fact that charge-sheet has already been submitted, let above named petitioner is directed to be released on bail in connection with Dighwara P.S. Case No.303 of 2022 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-II, Chapra,

Patna High Court CR. MISC. No.71146 of 2022(2) dt.12-04-2023 3/3 Saran/concerned court, subject to the conditions as mentioned under Section 437(3) of the Cr.P.C.

(Chandra Shekhar Jha, J.) S.Tripathi/- U T