Ritesh Yadav @ Ritesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.75002 of 2022 Arising Out of PS. Case No.-43 Year-2022 Thana- BALTHAR District- West Champaran ====================================================== Ritesh Yadav @ Ritesh Kumar Son Of Ramdhani Yadav @ Ramdhari Yadav R/V- Balthar, P.S- Balthar, Dist- West Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Brij Kishor Mishra For the Opposite Party/s :

Mr.Syed Ehteshamuddin ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 24-03-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has filed the instant application for grant of regular bail in connection with Balthar P.S. Case No. 43 of 2022 registered under sections 147, 148, 149, 341, 323, 337, 338, 353, 427, 436, 504, 307 and 120(B) of the Indian Penal Code. The prosecution in short, is that, on 19.03.2022, when the informant was going for his work, in the meantime, some unknown miscreants attacked and damaged the vehicles and surrounded the police party and started pelting stones on the police vehicle.

Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case. The allegations against the

Patna High Court CR. MISC. No.75002 of 2022(2) dt.24-03-2023 2/2 petitioner are general and omnibus in nature and he was only the member of mob. He was not present at the place of occurrence. A statement has been made in para-3 of this petition that the petitioner has got no criminal antecedent. Similarly situated other co-accused person has already been granted bail by the different co-ordinate Bench of this Court vide order dated 08.12.2022 in Cr. Misc. No. 50111 of 2022. The petitioner is languishing in judicial custody since 04.08.2022.

The application for bail is opposed by learned APP for the State.

Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case as well as the custody of the petitioner, the Court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail in connection with Balthar P.S. Case No. 43 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 the learned Additional Chief Judicial Magistrate-IV, Bettiah, District-West Champaran. (Sunil Kumar Panwar, J) shubham/- U T