Ankit Raj v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.19852 of 2021 Arising Out of PS. Case No.-646 Year-2020 Thana- FORBESGANJ District- Araria ====================================================== Ankit Raj Son Of Kumar Prabhat @ Tudu Yadav Resident Of Village- Kajo Mahto Tola, Toufir, Police Station- Muffasil, District- Munger ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Viveka Nandsingh, Adv.

For the Opposite Party/s :

Mr. Tarkeshwar Nath Thakur, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 29-07-2021 Heard learned counsel for the petitioner and learned APP for the State through virtual court proceedings. The petitioner seeks bail in a case registered for the offence punishable under Section 412, 413, 414 of the Indian Penal Code.

Learned counsel for the petitioner submits that petitioner is innocent and has been falsely implicated in this case on the basis of suspicion. He submits that no incriminating article has been recovered from the conscious possession of the petitioner. He submits that in para-14 of the case diary the confessional statement of co-accused Banti @ Shiv Shankar and in para-16 of the case diary the confessaional statement of Jitendra Pandey have been recorded by the police in which they have named the petitioner. He submits that confessional statement of accused before the police has got no evidentiary

Patna High Court CR. MISC. No.19852 of 2021(2) dt.29-07-2021 2/3 value in the eye of law. He submits that similarly situated coaccused has been granted bail by a coordinate Bench of this Court. He further submits that petitioner bears three criminal antecedent as stated in para-3 of the bail application and he is languishing in judicial custody since 10.08.2020. Considering the facts and circumstances of the case, 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 to the satisfaction of the learned court below where the case is pending/successor court in connection with Forbishganj P.S. Case No. 646 of 2020, subject to the conditions:

(1) that one of the bailors will be a close relative of the petitioner, who will give an affidavit giving genealogy as to who he is related with the petitioner. He will also undertake to inform the court if there is any change in the address of the petitioner.

(II) that the petitioner will be well represented on each and every date fixed in the case and if he fails to do so on two consecutive dates his bail bonds shall be liable to be cancelled. (III) that the petitioner will mark his attendance in the local police station in the first week of every month till

Patna High Court CR. MISC. No.19852 of 2021(2) dt.29-07-2021 3/3 conclusion of trial, failing which the prosecution will be at liberty to move cancellation of his bail bond. (IV) that the bailor shall also stated on affidavit that he will inform the Court concerned if the petitioner is implicated in any other case of similar nature after his release in the present case and thereafter the Court below will be at liberty to initiate proceeding for cancellation of bail on the ground of misuse. (Anjani Kumar Sharan, J) devendra/- U T