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2025 DAILYLAW 87130 (PAT)

Ritesh Kumar @ Rupesh Kumar @ Ritesh Yadav v. The State of Bihar

CR. MISC./88386/2024 · 2025-01-17

Chandra Prakash Singh

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Judgment text

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.88386 of 2024 Arising Out of PS. Case No.-819 Year-2023 Thana- SHEKHPURA District- Sheikhpura ====================================================== Ritesh Kumar @ Rupesh Kumar @ Ritesh Yadav S/O Bhajandeo Yadav Village- Eksari Bigha, P.S.- Sheikhpura District- Sheikhpura ... ... Petitioner/s Versus The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Bipin Kumar For the Opposite Party/s : Mrs. Umanath Mishra, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 2 17-01-2025 Heard learned counsel for the petitioner and learned A.P.P for the State. 2. The petitioner has preferred this application for grant of regular bail in connection with Sheikhpura P.S. Case No. 819 of 2023 dated 23.11.2023 registered for the offences punishable u/s 302 read with section 34 of the Indian Penal Code. 3. As per the prosecution case, the petitioner and the other co-accused persons along with five unknown miscreants are alleged to have assaulted the husband of the informant due to which he died. The petitioner assaulted the deceased with iron khanti. 4. Learned counsel for the petitioner has submitted Patna High Court CR. MISC. No.88386 of 2024(2) dt.17-01-2025 2/3 that the petitioner is innocent and has falsely been implicated in this case. There is previous dispute between the family member of the petitioner and informant. It is further submitted that husband of the informant was a man of bad character. He regularly chased the daughter of the co-accused Bilash Yadav and misbehaved with her. The name of the petitioner has transpired in this case only on the basis of brother of the co- accused Bilash Yadav. The allegation against the petitioner is that he assaulted the informant’s husband with iron khanti. The petitioner has one criminal antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 23.09.2024. Similarly situated co-accused has already been granted regular bail by this court vide order dated 24.06.2024 passed in Cr. Misc No. 41878 of 2024. 5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner. 6. Considering the aforesaid facts and circumstances of the case as well as the nature of allegation against the petitioner and the period of custody, the petitioner above-named, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Patna High Court CR. MISC. No.88386 of 2024(2) dt.17-01-2025 3/3 Sheikhpura in connection with Sheikhpura P.S. Case No. 819 of 2023. (i). The petitioner is directed to remain physically present before the learned Court below on each and every date, failing which on two consecutive dates without reasonable cause, the bail bond of the petitioner is liable to cancelled. 7. The application stands allowed. guddukr/- (Chandra Prakash Singh, J) U T