Ankit Pandey @ Mithu v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.4418 of 2025 Arising Out of PS. Case No.-184 Year-2023 Thana- BIHTA District- Patna ====================================================== Ankit Pandey @ Mithu S/O Jay Kishore Pandey R/O Vill.- Mina Chak, P.SKoilwar, Dist- Bhojpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Chandra Bhushan Singh, Advocate For the Opposite Party/s :

Mr. Murli Dhar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 24-04-2025 Heard learned counsel for the petitioner and learned APP for the State. Perused the case diary.

2. The petitioner seeks bail in connection with Bihta P.S. Case No. 184 of 2023 instituted for the offences under Section 392 of the Indian Penal Code.

3. Prosecution case, in short, is that two unknown miscreants looted away a bag containing Rs. 10 lakhs from the informant.

4. Learned counsel for the petitioner submitted that the petitioner has falsely been implicated in the present case. Petitioner is not named in the F.I.R. The name of the petitioner transpired in this case on the basis of confessional statement of the co-accused Sunil Kumar. No incriminating/looted article has

Patna High Court CR. MISC. No.4418 of 2025(4) dt.24-04-2025 2/3 been recovered from the conscious possession of the petitioner. Learned counsel further submitted that petitioner has got no concern with the looted amount. Learned counsel further submitted that T.I.P. has not been conducted till date. Chargesheet has been submitted in this case. It has been submitted on behalf of the petitioner that the petitioner is in custody since 06.03.2024 and has three criminal antecedents.

5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner. Learned APP further submitted that as per paragraph no. 35 of the case diary, some part of the looted amount, i.e. Rs. 2,46,500/- has been recovered from the house of the petitioner on the basis of disclosure made by the co-accused person.

6. Considering the aforesaid facts and circumstances of the case as also the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.

7. Let the petitioner be released on bail, after framing of charge, if not already framed, on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Bihta P.S. Case No. 184 of 2023, subject to the following conditions:

Patna High Court CR. MISC. No.4418 of 2025(4) dt.24-04-2025 3/3 (I) One of the bailors shall be own/close member of the family of the petitioner.

(II) The petitioner shall appear on each and every date fixed at the trial. In case of default in such appearance on two consecutive dates, the Trial Court will have liberty to cancel the bail bonds of the petitioner.

(III) If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

(Rudra Prakash Mishra, J) Alok Verma/- U T