Hitesh Ram @ Ritesh RamversusThe State of Bihar

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.3255 of 2026
                   Arising Out of PS. Case No.-93 Year-2023 Thana- KESARIA District- East Champaran
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                 Hitesh Ram @ Ritesh Ram Son of Tuntun Ram Resident of Village- Derwan
                 Mathiya, P.S.- Kesariya, District- East Champaran at Motihari

                                                                                  ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Shashank Shekhar, Advocate
                 For the Opposite Party/s :       Mr. Kanhiya Kishor, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

2   20-01-2026                    Learned counsel for the petitioner is permitted to

                   make correction in paragraph-1 of the bail petition.

                                 2. Heard Mr. Shashank Shekhar, learned counsel for

                   the petitioner and Mr. Kanhiya Kishor, learned APP for the

                   State.

                                3. Petitioner seeks bail, who is in custody since

                   15.10.2025, in connection with Kesariya P.S. Case No. 93 of

                   2023, F.I.R. dated 24.02.2023                registered for the offences

                   punishable under Sections 323, 341, 302 and 34 of the Indian

                   Penal Code.

                                4. Allegation against the petitioner is that he along

                   with other co-accused persons entered into the house of the

                   complainant and committed murder of complainant’s daughter.

                   The son of the complainant informed her about the incident
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          whereupon she came back to her house and the accused persons

          also assaulted her.

                       5. Learned counsel for the petitioner submits that the

          petitioner has clean antecedent and he has been falsely

          implicated in the present case.              He further submits that the

          allegation as alleged in the F.I.R. is false and fabricated and the

          petitioner has not committed any offence as alleged in the F.I.R.

          The petitioner is the co-sharer of the complainant/informant and

          petitioner is also next door neighbour of the complainant. It

          appears from the complaint petition/F.I.R.              that the date of

          occurrence is 11.10.2019 but the complaint petition has been

          filed on 18.10.2019 but the present F.I.R. was instituted on

          24.02.2023 and apart from aforesaid, the postmortem was

          conducted on 12.10.2019 after that the complainant/informant

          has filed complaint petition which has controverted in the

          present F.I.R. and from perusal of the F.I.R. it appears that there

          is no specific allegation against the petitioner in the F.I.R. and

          similarly situated co-accused persons namely Mina Devi and

          others against them similar allegation have been granted the

          privilege of anticipatory bail vide order dated 20.12.2023 passed

          in Cr. Misc. No. 53109 of 2023 by a Coordinate Bench of this

          Court. He further submits that the police after investigation
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          submitted chargesheet against the petitioner and the petitioner is

          in custody since 15.10.2025.

                        6. The learned Additional Public Prosecutor for the

          State has vehemently opposed the prayer for               bail of the

          petitioner.

                        7. Considering the facts and circumstances of the case

          and the fact that the petitioner having clean antecedent and the

          complaint has been instituted after the postmortem report and

          similarly situated co-accused persons have been granted the

          privilege of anticipatory bail, let the petitioner, above named, be

          released on bail on furnishing bail bond of Rs. 10,000/- (Rupees

          Ten Thousand) with two sureties of the like amount each to the

          satisfaction of learned Judicial Magistrate First Class, East

          Champaran at Motihari in connection with Kesariya P.S. Case

          No. 93 of 2023, subject to the following conditions :-

                        (1) Petitioner shall co-operate in the trial and shall be

          properly represented on each and every date fixed by the Court

          and shall remain physically present as directed by the Court and

          on his absence on two consecutive dates without sufficient

          reason, his bail bond shall be cancelled by the Court below.

                        (2) If the petitioner tampers with the evidence or the

          witness, in that case, the prosecution will be at liberty to move
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                         for cancellation of bail.

                                      (3) And, further condition that the court below shall

                         verify the criminal antecedent of the petitioner and in case at

                         any stage, it is found that the petitioner has concealed his

                         criminal antecedents, the court below shall take step for

                         cancellation of bail bond of the petitioner.             However, the

                         acceptance of bail bonds in terms of the above-mentioned order

                         shall not be delayed for purpose of or in the name of

                         verification.



                                                                       (Rajesh Kumar Verma, J)
Ibrar//-

U          T