Ritesh Kumar @ Ritesh Kumar Sah v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.87021 of 2024 Arising Out of PS. Case No.-589 Year-2024 Thana- BASANTPUR District- Siwan ====================================================== Ritesh Kumar @ Ritesh Kumar Sah Son of Mahesh Sah Resident of VillageMadarpur, P.S.- Lakari Naviganj, District- Siwan ... ... Petitioner/s
Versus
The State of Bihar BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Ajay Kumar Tiwary, Advocate For the Opposite Party/s :
Mr.Nand Kishore Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 21-03-2025 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 126(2), 115 (2), 118 (1), 117 (2), 109, 329(3), 329 (4), 303 (2), 352, 351 (2) and 3 (5) of the Bharatiya Nyaya Sanhita, 2023.
3. The case of the prosecution is that the petitioner assaulted with 'iron rod' on the head of the Nisha Kumari.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in connection with the present case. It is further submitted that though there is allegation against the petitioner is that he assaulted with 'iron rod' but there is no repetition of blow. It is further submitted that from perusal of the injury report, it
Patna High Court CR. MISC. No.87021 of 2024(4) dt.21-03-2025 2/2 transpires that injury is grievous in nature but there is only one blow. Further submission is that there is case and counter case between the parties. Moreover, the petitioner is languishing in judicial custody since 22.09.2024 having no criminal antecedent.
5. Learned APP appearing for the state has opposed the prayer of regular bail.
6. Considering the aforesaid facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Basantpur P.S. Case No. 589 of 2024 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-1st, Siwan. (Ashok Kumar Pandey, J) Jagdish/- U T