Ritesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.84468 of 2023 Arising Out of PS. Case No.-197 Year-2021 Thana- PUNAURA District- Sitamarhi ====================================================== Ritesh Kumar Son Of Kameshwar Mishra @ Kamesar Mishra Village Dharhari, P.S. Chiraiya, District East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shashi Bhushan Pandey, Advocate For the Opposite Party/s :

Mr.Raj Kishor Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 02-02-2024

1. Heard learned counsel for the petitioner and the learned APP for the State.

2. Petitioner seeks regular bail in connection with Punaura P.S. Case No. 197 of 2021 dated 06.12.2021 registered for the offence(s) punishable under Section(s) 341, 448, 307/34 of the Indian Penal Code.

3. The main submissions advanced by learned counsel for the petitioner are that the petitioner earlier preferred Cr. Misc. No. 66208 of 2022 for the relief of regular bail which was rejected by this court vide order dated 04.04.2023 and the petitioner has again come for the relief of bail mainly on the ground of his long incarceration period and no progress in his

Patna High Court CR. MISC. No.84468 of 2023(3) dt.02-02-2024 2/3 case and so far as the merit of allegation is concerned, the petitioner allegedly inflicted a knife blow at the chest of the informant's husband but as per medical report, the injury found on the chest of the informant's husband was opined as a lacerated wound which is not corroborative to the nature of the weapon allegedly used by this petitioner and the said contradiction clearly falsifies the allegation levelled against the petitioner and he has been languishing in jail since 24.04.2022.

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

5. Considering the above submissions and mainly taking into account the petitioner's custody period and also the fact that as per the status report of the petitioner's case sent by the trial court, the petitioner's case is at initial stage as after the commitment of petitioner's case the investigating officer filed a petition to start re-investigation on some certain points which was allowed by the court concerned and it shows that the petitioner's case is running at very initial stage, in my opinion, the petitioner now deserves to the privilege of bail. Accordingly, let the petitioner named-above be released on bail on furnishing bail bond of Rs.10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of the concerned Court in

Patna High Court CR. MISC. No.84468 of 2023(3) dt.02-02-2024 3/3 connection with Punaura P.S. Case No. 197 of 2021. (Shailendra Singh, J) Rajiv/- U T