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Patna High CourtCR. MISC./80982/2024bail granted

Ritesh Kumar @ Bikku Kumar v. The State Of Bihar

2024-11-22Mr. Justice Shailendra Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.80982 of 2024 Arising Out of PS. Case No.-252 Year-2024 Thana- MANER District- Patna ====================================================== Ritesh Kumar @ Bikku Kumar Son of Ajit Kumar Singh Resident of Village - Hathi Tola, P.S. - Maner, District - Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rupesh Kumar, Adv.

For the Opposite Party/s :

Mr. Syed Mojibur Rahman, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 22-11-2024 Heard Mr. Rupesh Kumar, learned counsel for the petitioner and Mr. Syed Mojibur Rahman, learned APP for the State.

2. The petitioner apprehends his arrest in connection with Maner P.S. Case No. 252/2024 dated 21.04.2024 registered for the offences punishable under Sections 341, 323, 307, 504 and 506 read with Section 34 of the Indian Penal Code.

3. Learned counsel appearing for the petitioner submits that the instant matter relates to scuffle and fight having taken place in between both the parties in a dance party of a marriage ceremony and in the FIR, five persons including the petitioner have been named and 4 to 5 persons have been shown as unknown but against this petitioner, there is no specific

Patna High Court CR. MISC. No.80982 of 2024(2) dt.22-11-2024 2/3 allegation and in the alleged occurrence, only one person, namely, Raushan Kumar sustained injuries whose injuries have been opined to be simple in nature. It is further submitted that co-accused Bittu Kumar @ Abhiraj Kumar carrying similar nature of allegation has been granted bail by this Court vide order dated 08.10.2024 passed in Cr. Misc. No. 62490/2024 and further, a good relation has established in between both the parties and they have filed a compromise petition (Annexure- 'P/5') before the concerned court. It is further submitted that on behalf of petitioner's side, Mahnar P.S. Case No. 253/2024 was lodged against the prosecution party, accordingly, there is a case and counter case in between both the parties, who are agnates and in between them, there is already a land dispute.

4. Learned APP appearing for the State has opposed the prayer for bail.

5. Considering the facts and circumstances of this case as well as the above submissions and mainly the fair and clean antecedent of the petitioner and the simple injuries to the sole injured as mentioned in paragraph No. 17 of this petition, this Court is inclined to grant the relief of anticipatory bail to the petitioner. Accordingly, let the petitioner named-above, in the event of his arrest or surrender before the learned Court below

Patna High Court CR. MISC. No.80982 of 2024(2) dt.22-11-2024 3/3 within a period of six weeks from today, be released on anticipatory bail on furnishing bail bond of Rs. 20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of the Court concerned in connection with Maner P.S. Case No. 252/2024, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Shailendra Singh, J) annu/- U T