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2025 DAILYLAW 98685 (PAT)

RITESH KUMAR @ SONU KUMAR @ KUMAR RITESH v. The State of Bihar

CR. MISC./6020/2025 · 2025-05-05

Prabhat Kumar Singh

body2025

Judgment text

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.6020 of 2025 Arising Out of PS. Case No.-762 Year-2024 Thana- KATIHAR NAGAR District- Katihar ====================================================== 1. Ritesh Kumar @ Sonu Kumar @ Kumar Ritesh S/O Ram Gulam Mandal Resident Of Vill./Mohalla-Laliyahi(Jagdev Nagar),P.S-Katihar (sahayak) ,district-katihar 2. Ankit Anal S/O Ram Gulam Mandal Resident Of Vill./MOHALLA- Laliyahi(Jagdev Nagar),P.S-Katihar (sahayak) ,district-katihar 3. Bittu Jha @ Manish Kumar Jha S/O Pramod Jha Resident Of Vill./Mohalla- Laliyahi(Jagdev Nagar),P.S-Katihar (Sahayak) ,district-katihar ... ... Petitioners Versus The State of Bihar ... ... Opposite Party ====================================================== Appearance : For the Petitioner/s : Mr.Pawan Kumar Singh, Advocate For the Opposite Party/s : Mr.Syed Mojibur Rahman, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 4 05-05-2025 Heard learned counsel for the petitioners and the State. 2. Petitioners apprehend arrest in a case registered for the offence punishable under sections 126(2), 115(2), 109, 308(4), 303(2), 352, 351(2)(3) and 3(5) of the Bharatiya Nyaya Sanhita, 2023. 3. As per the prosecution case, on the alleged date and time of the occurrence, all the accused persons named in the FIR and some unknown persons demanded extortion money from informant and on refusal petitioner no.1 assaulted him by butt of pistol. Accused persons also took out Rs.5000/- from the shop of the informant. Patna High Court CR. MISC. No.6020 of 2025(4) dt.05-05-2025 2/2 4. It is submitted on behalf of the petitioners that petitioners are innocent and they have falsely been implicated in this case due to minor dispute between the parties. No delivery of extortion money has been made to the petitioners. F.I.R. has been lodged after delay of three days without any explanation which renders the entire prosecution case doubtful. Doctor has found simple injury. 5. Learned counsel for the State opposes the prayer for bail. 6. Considering the aforesaid facts of the case, prayer for bail of all the petitioners is allowed. In the event of arrest/surrender within eight weeks from today, let these petitioners, mentioned above, be enlarged on bail on furnishing bail bond of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Katihar in Katihar (Sahayak) Police Station Case No. 762 of 2024, subject to the conditions laid down under section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023. shashi/- (Prabhat Kumar Singh, J) U T