Ritesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.71692 of 2025 Arising Out of PS. Case No.-146 Year-2021 Thana- DEEPNAGAR District- Nalanda ====================================================== Ritesh Kumar S/O Bachu Yadav R/O Village- Mangla Bigha, P.S- Town, Distt.- Nawada.

... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Pramod Kumar Verma, Advocate For the Opposite Party/s :

Mr. Tarkeshwar Nath Thakur, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL ORDER 27-11-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner is apprehending his arrest in connection with Deepnagar P.S. Case No. 146 of 2021 registered for the offences punishable under Sections 399, 402, 411, 120(B) read with 34 of the Indian Penal Code and section 25(1-b)a, 26 & 35 of the Arms Act.

3. As per prosecution case, on 09.05.2021, S.I. Chandramauli Varma of Deepnagar P.S., Nalanda, while on duty, received information about armed criminals near Bhatbigha Bridge, Goithava River, village Teliya Khadha, are planning to commit robbery. On reaching the spot, eight persons were found out of which two, Md. Mushtaq @ Md. Anwar Mushtaq and Santosh Kumar, were apprehended with

Patna High Court CR. MISC. No.71692 of 2025(3) dt.27-11-2025 2/3 firearms, cash, mobile phones, and motorcycles, while six others fled. They disclosed the names of the absconding accused and revealed that they were awaiting the Ritesh Kumar (petitioner) and co-accused Sanjay Singh to bring explosives for a planned robbery.

4. Learned counsel for the petitioner submits that except disclosure of apprehended co-accused there is nothing on record to connect the present petitioner with the occurrence. Petitioner was not apprehended on the spot. Nothing was recovered from the possession of the petitioner. It is further submitted that the alleged occurrence is not supported by any independent witness. Petitioner bear no criminal antecedent.

5. The learned A.P.P. for the State opposed the prayer for anticipatory bail of the petitioner and submits that the petitioner is F.I.R. named accused and he cannot escape from the allegation made in the F.I.R.

6. Considering the facts and circumstances of the case, keeping in view clean antecedent of petitioner, argument advanced on behalf of both sides and also taking into consideration the material available on record, the petitioner above-named, in the event of his arrest or surrender before the learned trial court within a period of six weeks from today, be

Patna High Court CR. MISC. No.71692 of 2025(3) dt.27-11-2025 3/3 released on anticipatory bail on furnishing bail bond of Rs. 10,000/- (rupees ten thousand) each with two sureties of the like amount each to the satisfaction of the learned C.J.M., Nalanda at Biharsharif in connection with Deepnagar P.S. Case No. 146 of 2021, subject to the conditions as laid down under Section 482(2) of the B.N.S.

7. The application stands allowed.

(Alok Kumar Pandey, J) Nilmani/- U