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Patna High CourtCR. MISC./79197/2024allowed

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

2025-02-24Mr. Justice Ashok Kumar Pandey2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.79197 of 2024 Arising Out of PS. Case No.-136 Year-2024 Thana- MANIGACHI District- Darbhanga ====================================================== Ritesh Kumar @ Ritesh Kumar Mahto Son of Sheyam Mahto @ Shyam Kumar Mahto R/o Vil.- Gopalpur, P.S - Manigachhi, District - Darbhanga, Bihar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Vinay Kumar Mishra, Advocate For the Opposite Party/s :

Mr. Pranav Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 24-02-2025 Heard Mr. Vinay Kumar Mishra, learned counsel for the petitioner and Mr. Pranav Kumar, learned APP for the State.

2. The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 309 (4) of the BNS.

3. The case of the prosecution is that the informant went to Ranchi on 16.04.2024 and his wife was residing at his house alone. It is alleged that in the night of 18/19.04.2024 at about 12:30 A.M. four boys who were wearing Mask entered into informant's door and went inside the house and took away her golden ornaments, cash of Rs. 20,000/- and two mobiles on the point of pistol. When informant's wife raised alarm then his neighbour Md. Sonu Ansari, Hakim Ansari and others came there and took the informant's wife out of the house and informed the informant. Hence the present FIR.

Patna High Court CR. MISC. No.79197 of 2024(3) dt.24-02-2025 2/2

4. Learned counsel for the petitioner submits that the petitioner has falsely been implicated in connection with the present case. It is further submitted that though from the possession of the petitioner one mobile was recovered but the IMEI number of that mobile does not match with the stolen mobile. Further submission is that except confessional statement nothing has come against this petitioner to implicate him. Moreover, the petitioner is languishing in judicial custody since 28.07.2024 having no criminal antecedent.

5. Learned APP appearing for the state has opposed the prayer of regular bail.

6. Considering the aforesaid facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Manigachi P.S. Case No. 136 of 2024 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Judicial Magistrate-VIth, Darbhanga. (Ashok Kumar Pandey, J) Jagdish/- U T