Ankit Kumar @ Ankit Kumar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.13862 of 2017 Arising Out of PS.Case No. -308 Year- 2016 Thana -GARKHA District- SARAN ====================================================== Ankit Kumar @ Ankit Kumar Yadav Son of Nageshwar Rai, Resident of Vill- Chhota Telpa, Police Line, P.S.- Chapra Town, District- Saran at Chapra. .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Nawal Kishore Singh, Advocate For the Opposite Party/s : Mr. Sri Panchanand Pandit, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 17-04-2017 Heard learned counsel for the petitioner and learned A.P.P. representing the State.

The petitioner seeks bail in connection with Garkha P.S. Case No. 308 of 2016 registered for the offence punishable under Sections 394 of the Indian Penal Code.

It is submitted that the First Information Report was lodged against three unknown miscreants but during investigation one Vikky Kumar was arrested who confessed his involvement in this case and disclosed the name of the petitioner and others. On the basis of discloser made by Vikky Kumar several looted motorcycles were recovered from the place and the informant identified one of the motorcycle and further the petitioner and others were arrested from near the place of seizure with arms and ammunitions and for that Chapra Town P.S. Case No. 465 of 2016

Patna High Court Cr.Misc. No.13862 of 2017 (3) dt.17-04-2017 2/3 was registered.

Submission is of false implication and that there is no material against the petitioner to connect his involvement in this case. In Chapra Town P.S. Case No. 465 of 2016 the petitioner has already been allowed bail by another co-ordinate Bench of this Court vide Criminal Miscellaneous No. 52964 of 2016. In this case besides the confessional statement of co-accused there is no other material against him and, as such, he deserves sympathetic consideration.

The learned A.P.P. submits that on the basis of disclosure made by co-accused motorcycles have been recovered including the motorcycle of the informant.

In the facts and circumstances as stated above, considering that besides the confessional statement there is no material against the petitioner and, as such, the petitioner above named is directed to be released on bail on execution of bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate-V, Saran at Chapra in connection with Garkha P.S. Case No. 308 of 2016, subject to the conditions that one of the bailors must be near relative and another having sufficient immovable property within the territorial jurisdiction of the court

Patna High Court Cr.Misc. No.13862 of 2017 (3) dt.17-04-2017 3/3 concerned and the petitioner shall remain present on each and every date during trial and the default on two consecutive dates on his part without any reason shall disentitle the petitioner from privilege of bail.

(Jitendra Mohan Sharma, J) Vats/- U T