Ankit Kumar Jaiswal @ Ankit Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.10836 of 2024 Arising Out of PS. Case No.-453 Year-2023 Thana- DHAKA District- East Champaran ====================================================== Ankit Kumar Jaiswal @ Ankit Kumar Son Of Ramesh Krantikari @ Ramesh Kumar Jaiswal R/O-Asogi, Ward No. 03, P.S.-BAIRGANIYA, Distt.- SITAMARHI ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Karandeep Kumar For the Opposite Party/s :
Mr.Rajesh Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 22-02-2024 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 394 and 411 of the Indian Penal Code.
3. As per prosecution case, F.I.R has been lodged against three named accused persons including this petitioner alleging that they have committed robbery of the e-rickshaw of the informant on the point of knife and also stabbed him. Further, on seeing the police, accused persons fled from there after leaving the snatched e-rickshaw near a school. Police team admitted the informant to the hospital and thereafter arrested the
Patna High Court CR. MISC. No.10836 of 2024(2) dt.22-02-2024 2/3 accused persons.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case. Nothing incriminating article has been recovered from the conscious possession of the petitioner rather the recovery of e-rickshaw was found near a school. A statement has been made in para-3 of this petition that the petitioner has got no criminal antecedent. Similarly situated other co-accused person has already been granted bail by another co-ordinate Bench of this court vide Annexure-p/2 of this petition. Moreover, the petitioner is languishing in judicial custody since 10.08.2023.
5. Learned APP appearing for the state has opposed the prayer of regular bail.
6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody of the petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail after framing of charge if the charge is not framed in connection with Dhaka P.S. Case No. 453 of 2023 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned
Patna High Court CR. MISC. No.10836 of 2024(2) dt.22-02-2024 3/3 Sub Divisional Judicial Magistrate, Sikarhana at Dhaka, East Champaran.
(Sunil Kumar Panwar, J) Shubham/- U T