Ankit Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.626 of 2020 Arising Out of PS. Case No.-370 Year-2019 Thana- BARAUNI District- Begusarai ====================================================== ANKIT KUMAR, Son of Manoj Singh, Resident of Village- Adharpur, P.S.- Teghra, District- Begusarai.

... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Pravin Kumar, Adv.

For the Opposite Party/s :

Md. H.A. Khan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 28-05-2020 This has been posted before me for hearing through videoconferencing, under the orders of Hon'ble the Chief Justice, in view of Nation passing through lockdown as an aftermath of the outbreak of COVID-19 pandemic.

Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case registered for the offence punishable under Section 392 of the Indian Penal Code. The prosecution case is that on the basis of written report of the informant Pawan Kumar is that on 24.08.2019 he was returning to his home at Barauni from his duty at 10.45 in the night when he reached near Railway Cabin near Mirgendra Cold Storage, three persons riding on a Pulsar motorcycle dashed him and on the strength of pistol snatched his mobile and cash Rs.

Patna High Court CR. MISC. No.626 of 2020(4) dt.28-05-2020 2/3 5700/- and when he was upholding his motorcycle, two motorcycle riders came and asked what happened. These persons tried to chase the looters.

It has been submitted on behalf of the petitioner that the entire allegation as alleged in the FIR are totally false and fabricated. The petitioner is not named in the FIR. Save and except the confessional statement thee is nothing to connect him in this case. The petitioner is in custody since 23.10.2019. The petitioner has been made accused in three other cases which is mentioned in para 3 of the bail petition.

Learned APP for the State has opposed the prayer for bail petition.

Considering the aforesaid facts and circumstances, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 20,000/- (rupees twenty thousand) with two sureties of the like amount each in connection with Barauni (Garhara) P.S. Case No. 370 of 2019 to the satisfaction of the learned C.J.M., Begusarai, subject to the following conditions:

(1) One of the bailors will be his own blood relative, preferably, father, mother brother, sister and/or his wife.

(2) The petitioner shall not indulge himself in any similar offence till conclusion of the trial.

Patna High Court CR. MISC. No.626 of 2020(4) dt.28-05-2020 3/3

(3) The petitioner shall remain physically present in court on each and every date during trial and in the event of failure on two consecutive dates without sufficient reasons, his bail bonds shall be liable to be cancelled by the learned court concerned.

(4) The petitioner shall co-operate with the investigation, if not already concluded and make himself available as and when so required and in case of failure, the State shall be at liberty to move for cancellation of bail.

(Anjani Kumar Sharan, J) amitkumar/- U T