Ritik Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.77591 of 2024 Arising Out of PS. Case No.-492 Year-2023 Thana- SHEKHPURA District- Sheikhpura ====================================================== Ritik Kumar Son Of Late Ramesh Yadav @ Pramod Yadav Village- Naya Tola Jurabganj Ps -Kodha District -Katihar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sarvesh Kashyap, Advocate For the Opposite Party/s :

Mr. Bharat Bhushan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 25-10-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Shekhpura P.S. case No. 492 of 2023 instituted for the offences under Section 392 of the Indian Penal Code.

3. Prosecution case, in short, is that three unknown miscreants boarded on a motorcycle on the point of weapon snatched the bag and mobile of the informant and fled away with the bag containing Rs. 30,386/-.

4. Learned counsel for the petitioner submitted that the petitioner has falsely been implicated in the present case. Petitioner is not named in the F.I.R. The name of the petitioner transpired in this case on the basis of confessional statement of the co-accused Vinay Yadav. No incriminating article has been recovered from the conscious possession of the petitioner.

Patna High Court CR. MISC. No.77591 of 2024(2) dt.25-10-2024 2/2 Learned counsel further submitted that petitioner has got no concern with the stolen articles. Similarly situated co-accused person has already been granted bail by this Court vide order dated 03.04.2024 passed in Cr. Misc. No. 26683 of 2024. Charge-sheet has been submitted in this case. It has been submitted on behalf of the petitioner that the petitioner is in custody since 16.10.2023 and has three criminal antecedents.

5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.

6. Considering the aforesaid facts and circumstances of the case, claim based on parity as also the period of custody undergone by the petitioner, 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 Shekhpura P.S. case No. 492 of 2023.

(Rudra Prakash Mishra, J) Alok Verma/- U T