Ritik Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.83376 of 2024 Arising Out of PS. Case No.-63 Year-2023 Thana- GORIAKOTHI District- Siwan ====================================================== Ritik kumar S/o Sri Ravi Shankar Prasad, Resident of village- Molanapur, P.S.- Basantpur, District- Siwan.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Hemant Ray, Advocate.

For the Opposite Party/s :

Mr. Humayou Ahmad Khan, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 11-12-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends his arrest in connection with Goreakothi P.S. Case No.63 of 2023 instituted under Sections 395, 397 of the Indian Penal Code and under Section 27 of the Arms Act.

3. As per the prosecution case, five unknown accused persons on two motorcycles stopped the informant who was returning home alongwith one Shamshad Ahmad by his pulsar motorcycle after closing his jewellery shop. It is alleged that all the accused persons assaulted the informant and Shamshad Ahmad causing injury to them and one accused person shot fire at him and had taken away his motorcycle, purse containing ATM Card, PAN Card, Aadhar Card, Cash Rs.5,000/- as well as golden chain and also gave a knife blow on his chest.

4. Learned counsel for the petitioner submits that

Patna High Court CR. MISC. No.83376 of 2024(2) dt.11-12-2024 2/2 petitioner is innocent and has been falsely implicated in this case. He further submits that petitioner is not named in the F.I.R., however, on the basis of confessional statement of co-accused Simant Singh, the name of petitioner has been implicated in this case. Learned counsel submits that except the confessional statement of co-accused, there is no material against the petitioner. He further submits that petitioner is a young boy having no criminal antecedent and he undertakes to cooperate in the investigation and trial.

5. Learned A.P.P. for the State opposes the prayer for anticipatory bail.

6. Considering the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest or surrender before the Court below within six weeks from today, the petitioner be released on bail upon furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount to each to the satisfaction of the learned Judicial Magistrate, 1st Class, Siwan in connection with Goreakothi P.S. Case No.63 of 2023, subject to the conditions laid down in Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023. (Sunil Dutta Mishra, J) Ritik/- U T