Ankit Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.2875 of 2022 Arising Out of PS. Case No.-121 Year-2021 Thana- BANIAPUR District- Saran ====================================================== ANKIT KUMAR Son of Sri Ranvir Kumar Resident of Village - Kishunpur Dharan, P.s.- Jalalpur, Distt.- Saran at Chapra ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Uday Bhan Singh For the Opposite Party/s :

Mr. Shantanu Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL ORDER 15-06-2022 Let the defect(s), as pointed out by the office, be removed within a period of four weeks from today. Heard learned counsel for the petitioner and learned APP for the state.

The petitioner seeks regular bail in connection with Bariyarpur P.S. Case No. 121 of 2021, registered for the offences punishable under Sections 25(1-b)a, 26, 35 of Arms Act.

As per prosecution report, it is alleged that on the statement of present petitioner as well as co-accused person one country made pistol was recovered near the pond of jharinuma place.

Learned counsel for the petitioner has submitted that

Patna High Court CR. MISC. No.2875 of 2022(2) dt.15-06-2022 2/3 petitioner is in custody since 13.07.2021. Charge-sheet has already been submitted and there is no chance of tampering with the evidence. It has further been submitted that nothing has been recovered from the conscious possession of the petitioner. Learned counsel for the petitioner submits that petitioner bears criminal antecedent of two more cases in which he is on bail. The learned APP for the State opposes the prayer for bail of the petitioner.

Considering the facts and circumstances of the case and the period of custody, 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 Chief Judicial Magistrate, Saran at Chhapra in connection with Baniyapur P.S. Case No. 121 of 2021, subject to following condition:

(i) The petitioner shall be released after framing of charge.

(ii) One of the surety shall be either father or mother or sister or brother or wife or the person who sworn the affidavit in bail application.

(iii) Petitioner will co-operate in trial and will remain present on all dates and absence for two consecutive dates

Patna High Court CR. MISC. No.2875 of 2022(2) dt.15-06-2022 3/3 would be a ground for cancellation of bail by the learned trial court itself.

(Alok Kumar Pandey, J) Ranjeet/- U T