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Patna High CourtCR. MISC./71006/2022allowed

Ritesh Kumar @ Sujit Kumar v. The State Of Bihar

2023-01-31Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.71006 of 2022 Arising Out of PS. Case No.-562 Year-2019 Thana- DEHRI TOWN District- Rohtas ====================================================== RITESH KUMAR @ SUJIT KUMAR S/o Upendra Mahto @ Upendra Singh R/o Mohalla- Gopibigha, P.S.- Sasaram (M), Distt- Rohtas. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rajani Kant Pandey For the Opposite Party/s :

Mr.Anant Kumar 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 31-01-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending his arrest in a case registered for the offence punishable under Sections 147, 148, 149, 323, 307 and 353 of the Indian Penal Code pending in the learned court below.

As per the prosecution case, 150 persons including some women persons started pelting stones due to which some police personnel injured. They also opened fire on police personnel but no-one injured.

Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. He further submits that there is general and omnibus allegation against the petitioner. He submits that there is no specific overt act against the petitioner. He further submits that

Patna High Court CR. MISC. No.71006 of 2022(2) dt.31-01-2023 2/2 similarly situated other co-accused person has already been granted bail by a bench of this Court vide order dated 11.01.2022 passed in Cr. Misc. No. 52519/2021. He further submits that petitioner has got no criminal antecedent as stated in para-3 of the bail application.

Learned APP for the State opposes for prayer for bail. Considering the aforesaid facts and circumstances, let the petitioner, named above, in the event of his arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail, on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount to the satisfaction of the learned Court below, where the case is pending/Successor court, in connection with Sasaram (M) P.S. Case No.562/2019, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. (Anjani Kumar Sharan, J) ajay/- U T