Ritik Kumar @ Sichan Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.6067 of 2024 Arising Out of PS. Case No.-374 Year-2022 Thana- TEKARI District- Gaya ====================================================== RITIK KUMAR @ SICHAN KUMAR SON OF RAM RATAN PASWAN RESIDENT OF VILLAGE - BAHELIYA BIGHA, P.S. - TEKARI, DISTRICT - GAYA ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Praveen Kumar, Advocate For the Opposite Party/s :
Mr. Nirmal Kumar Sinha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 16-04-2024 Heard the parties.
2. The petitioner is apprehending his arrest in connection with Tekari P.S. Case No. 374 of 2022 for the offence under Sections 341, 323, 307, 504, 506, 324 and 34 of the I.P.C. and Section 27 of the Arms Act lodged on 17.06.2022 by the informant, Rahul Kumar.
3. As per the prosecution story, the informant alleged that he is running a coaching institute where the petitioner and other accused persons armed variously entered, opened fire, misbehaved with the girls and then left. Accordingly, the FIR.
4. Learned counsel for the petitioner submits that he is a student, 19 years of age, do not have any antecedent and only due to confusion has been implicated in the matter. Further, he
Patna High Court CR. MISC. No.6067 of 2024(3) dt.16-04-2024 2/3 undertakes never to enter into any coaching institute much less the coaching institute of the informant herein.
5. Learned APP opposes the prayer stating that his name has come in the FIR.
6. Though the allegation of storming the coaching institute and opening fire is attributed to the petitioner alongwith the others, the allegation is omnibus in nature, the petitioner undertakes to reform himself, is 19 years of age, do not have any criminal antecedent and putting him in jail will serve no purpose, this Court is inclined to extend him the privilege of anticipatory bail with conditions.
7. Let the petitioner be released on bail in the event of arrest or surrender within a period of four weeks from the receipt of this order, on furnishing bail bond of Rs. 10,000/- (Ten thousand) each with two sureties of like amount each to the satisfaction of learned ACJM-VI, Gaya in connection with Tekari P.S. Case No. 374 of 2022 subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (i) one of the bailor should be the family member of the petitioner who shall provide official document to show his/her bona fide;
(ii) the petitioner shall appear on each and every date
Patna High Court CR. MISC. No.6067 of 2024(3) dt.16-04-2024 3/3 before the Trial Court and failure to do so for two consecutive dates without plausible reason will entail cancellation of his bail bond by the Trial Court itself;
(iii) the petitioner shall appear before the concerned police station every fortnight for next one year to mark his attendance;
(iv) the petitioner shall in no way try to induce or promise or threat the witnesses or tamper with the evidences, failing which the State shall be at liberty to take steps for cancellation of the bail bonds;
(v) the petitioner shall desist from committing any criminal offence again, failing which the State shall be at liberty to take steps for cancellation of his bail bonds.
8. With the aforesaid observations, the anticipatory bail application is allowed.
(Rajiv Roy, J) Adnan/- U T