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Patna High CourtCR. MISC./75325/2022bail granted

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

2023-05-01Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.75325 of 2022 Arising Out of PS. Case No.-173 Year-2022 Thana- MOHANIYA District- Kaimur (Bhabua) ====================================================== RITESH KUMAR @ RITESH KUMAR PRAJAPATI SON OF RAM SUDHAR PRAJAPTI R/O VILL.- MUJAN P.S.- MOHANIA, DISTT.- KAIMUR (BHABUA) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rajesh Kumar Pathak, Adv.

For the Opposite Party/s :

Mr.Surendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 01-05-2023 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner apprehends his arrest in a case registered for the offence punishable u/s 379 of the IPC and later on section 411 of the IPC was added.

Allegedly, some unknown miscreant took away the motorcycle of the informant from the road in dickey of which, his mobiles were also kept.

It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has committed no offence. He is not named in the F.I.R. and has been falsely implicated in this case. He has been made accused in this case on the basis of confessional statement of an apprehended co-accused Chhotu

Patna High Court CR. MISC. No.75325 of 2022(2) dt.01-05-2023 2/2 Kumar. No incriminating article/stolen article has been recovered from the conscious physical possession of the petitioner. The stolen motorcycle was recovered from the possession of one Golu Kumar @ Tej Singh. Petitioner has criminal antecedent as mentioned in para-3 of this bail application.

Learned APP for the State opposed the prayer for bail. Having regard to the facts and circumstances of the case, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/Successor Court in connection with Mohania P.S. Case No.173/2022, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Anjani Kumar Sharan, J) pallavi/- U T