Ankit Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.11411 of 2024 Arising Out of PS. Case No.-402 Year-2023 Thana- GORAUL District- Vaishali ====================================================== Ankit Kumar Son of Ramnath Bhagat @ Ram Nath Bhakta Resident of Village - Bishunpur Arara, Police Station - Goraul (Katahara O.P.), District - Vaishali.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Ms. Pushpa Sinha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 23-02-2024

1. At the outset, learned counsel seeks permission to make necessary correction in paragraph no.1 of the present bail application during course of the day.

2. Permission is accorded.

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

4. The petitioner seeks bail in connection with Goraul (Kathara O.P.) P.S. case No. 402 of 2023, instituted for the offences under Sections 399, 402 of the Indian Penal Code and 25(1-b)a, 26, 35 of the Arms Act.

Patna High Court CR. MISC. No.11411 of 2024(2) dt.23-02-2024 2/3

5. Prosecution case, in short, is that police got secret information that some miscreants have assembled for committing robbery at Raja Chowk canal road. On this information, police raided the said place. Seeing the police party, the accused persons tried to flee away but all of them including this petitioner were apprehended by police and recovery was made. It is further alleged that on search, one live cartridge was recovered from the possession of the petitioner.

6. Learned counsel for the petitioner submitted that the petitioner is innocent has falsely been implicated in the present case. Learned counsel further submitted that there is no compliance of Section 100 of the Cr.P.C. Charge-sheet has been submitted in this case. It has been submitted on behalf of the petitioner that the petitioner is in custody since 24.09.2023 and has one criminal antecedent.

7. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.

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

9. Let the petitioner be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of

Patna High Court CR. MISC. No.11411 of 2024(2) dt.23-02-2024 3/3 the like amount each to the satisfaction of Court below/concerned Court in connection withGoraul (Kathara O.P.) P.S. case No. 402 of 2023.

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