Ritik Mishra @ Ritik Kumar Mishra @ Bittu @ Kittu v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.5406 of 2024 Arising Out of PS. Case No.-662 Year-2022 Thana- KANTI District- Muzaffarpur ====================================================== Ritik Mishra @ Ritik Kumar Mishra @ Bittu @ Kittu S/O Kedar Mishra VILLAGE- BISHUNPUR SUMER, PS. KANTI, DIST. MUZAFFARPUR. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Santosh Kumar, Advocate For the Opposite Party/s :

Mr.Ganesh Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 07-02-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner seeks regular bail in connection with Kanti P.S. Case No. 662/2022 lodged on 02.10.2022 under Section 302/34 of the Indian Penal Code.

3. As per the prosecution case, the FIR has been lodged against two known and two unknown accused persons.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. The petitioner is not named in the FIR, rather his name has surfaced by virtue of confessional statement of co-accused, Sachin Kumar. The petitioner is in custody since 19.01.2023 and is accused in three more criminal cases, in which he is on bail. Moreover, the chargesheet has already been filed.

Patna High Court CR. MISC. No.5406 of 2024(2) dt.07-02-2024 2/3

5. Learned counsel for the State opposes the prayer for bail and submits that the allegation against the petitioner is that he actively participated in the crime and his antecedent is not clean.

6. Upon specific query from the counsel for the petitioner whether the charge has been framed or not, learned counsel for the petitioner submits that he is not aware about the fact whether the charge has been framed or not.

7. In the present facts and circumstances of this case and the submissions made above, let the petitioner above named, be granted bail on furnishing bail bonds of Rs.30,000/- (Rupees Thirty thousand) with two sureties of the like amount each to the satisfaction of learned Additional District and Sessions Judge, VIII, Muzaffarpur, in connection with Kanti P.S. Case No. 662/2022, subject to the conditions as laid down under Section 437(3) of the Code of Criminal Procedure.

8. The learned court below shall release the petitioner on bail only after framing of charge, if not framed as well as on being satisfied with the affidavit to be filed by the petitioner before the trial Court to the effect that he/her is not absconding in any of the cases as mentioned in paragraph no.3 of the petition as under :-

Patna High Court CR. MISC. No.5406 of 2024(2) dt.07-02-2024 3/3

1. Kanti P.S. Case No. 885/2023

2. Minapur P.S. Case No. 78/2022

3. Minapur P.S. Case No. 89/2022.

(Dr. Anshuman, J) Ashwini/- U T