IN THE HIGH COURT OF JUDICATURE AT PATNA
Cr.Misc. No.1317 of 2011
RITESH KUMAR @ RITESH YADAV
Versus
THE STATE OF BIHAR
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03/ 26.03.2011 Heard learned counsel for the petitioner as well as learned
Addl. P.P. for the State assisted by the learned counsel for the
informant.
Petitioner is languishing in jail custody since 6.9.2010 in
connection with Karpi P.S. Case no.101/2010 registered under section
302/34 of the IPC and 27 of the Arms Act.
Petitioner is named in the first information report with
allegation that he along with other accused made indiscriminate
firings on the deceased as a result of which deceased died then and
there.
The contention of the learned counsel for the petitioner is
that petitioner is a student and, at the relevant time, he was doing
coaching at Patna but he has been falsely implicated in this case. It is
also contended by him that no specific overt-act has been attributed
against the petitioner and only omnibus allegation of firing has been
levelled against him.
On the other hand, learned Addl. Public Prosecutor as well
as learned counsel for the informant vehemently oppose the prayer for
bail and submit that there is allegation of firing against this petitioner.
Learned counsel for the informant produces photo copy of order dated
11.2.2011 passed in Cr. Misc. no. 4385/2011 and submits that having
similar allegation prayer for bail of co-accused Ramesh Yadav has
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already been rejected by another bench of this court.
Taking into consideration the above stated facts and
circumstances as well as submissions of the parties, I am not inclined
to release the petitioner on bail. Accordingly, his prayer for bail in
connection with Karpi P.S. Case no. 101 of 2010 stands rejected.
However, if the trial of the petitioner is not concluded
within seven months from the date of receipt of this order, the
petitioner may renew his prayer for bail.
shahid (Hemant Kumar Srivastava,J)