Ankit Kumar @ Ankit Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.585 of 2020 Arising Out of PS. Case No.-450 Year-2019 Thana- DHANARUA District- Patna ====================================================== ANKIT KUMAR @ ANKIT SINGH S/o Ranjit Kumar Singh @ Ranjeet Singh @ Ranjeet Singh Resident of Village- Dumri Bujurg, P.S.- Nayagao, District- Saran (Chapra).
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Rakesh Kumar For the Opposite Party/s :
Mr.Gulnar Begum ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 10-01-2020 Heard the learned counsel for the petitioner and the learned APP for the State.
The petitioner seeks regular bail in connection with Dhanarua P.S. Case No. 450 of 2019, registered for the offence punishable under Sections 395 of the Indian Penal Code.
The allegation is regarding unknown accused persons having overtaken the pickup van being driven by the informant and thereafter, the unknown accused persons had tied the hands of the informant and thrown him in a ditch and had then taken away the pickup van.
The learned counsel for the petitioner has submitted that the petitioner is not named in the FIR and he has been falsely implicated in the present case merely at the instance
Patna High Court CR. MISC. No.585 of 2020(2) dt.10-01-2020 2/3 of the co-accused person, namely, Chhotu Kumar @ Shankar Kumar, who in his confessional statement had taken the name of the petitioner and then the Bolero vehicle, on which the accused persons were travelling, was found from the house of the father of the petitioner. It is further submitted that no stolen / looted articles or the vehicle in question has been recovered from the house of the petitioner. The petitioner is stated to be having a clean antecedent and he is languishing in custody since 30.10.2019.
Having regard to the facts and circumstances of the case, considering the submissions made by the learned counsel for the petitioner as also taking into account the fact that the pickup van, stated to have been stolen by the accused persons, has not been recovered from the house of the petitioner, coupled with the fact that no Test Identification Parade has been held so as to connect the petitioner with the alleged occurrence, I deem it fit and proper to direct for release of the petitioner on regular bail.
Accordingly, the above named petitioner is directed to be enlarged on bail on furnishing bail bonds of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned SDJM, Masaurhi, District-Patna in
Patna High Court CR. MISC. No.585 of 2020(2) dt.10-01-2020 3/3 connection with Dhanarua P.S. Case No. 450 of 2019. (Mohit Kumar Shah, J) ajay gupta/- U T