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

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.12082 of 2022 Arising Out of PS. Case No.-522 Year-2019 Thana- NARPATGANJ District- Araria ====================================================== Ankit Kumar Yadav @ Banti @ Minti @ Ankit Kumar Son of Ram Prakash Yadav Resident of Village- Anchra, P.S.- Fulkaha, District- Araria. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Pramod Mishra, Advocate For the Opposite Party/s :

Mr.Awadhesh Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 21-12-2022 Heard learned counsel for the petitioner and learned APP for the State.

Let the defect (s), as pointed out by the office, be removed within a period of four weeks.

In the present case, the petitioner seeks bail in connection with Narpatganj P.S. Case No. 522 of 2019 registered for the alleged offences under Section 392 of the Indian Penal Code.

As per prosecution case, three motorcycle borne miscreants over took the motorcycle of the informant and at gun point robbed him of his bag containing Rs. 1,12,829/-, Tab, biometric device, mobile phone and some documents. They also took away the keys of the motorcycle. The name of the petitioner transpired during course of investigation as one of the

Patna High Court CR. MISC. No.12082 of 2022(3) dt.21-12-2022 2/3 accused persons.

It has been submitted on behalf of the petitioner that petitioner was not apprehended from the spot and nothing incriminating has been recovered from his person or possession. No Test Identification Parade has been held for identification of the accused persons. The petitioner has been named in this case on the basis of confessional statement of co-accused Ranjan Yadav. Except for the confessional statement which is not admissible in the eyes of the law, there is nothing against this petitioner. Charge sheet has been submitted in this case and the petitioner is in custody since 19.07.2021. Other co-accused persons have been granted bail by this Court vide order dated 27.09.2022 in Cr. Misc. No. 69548 of 2021 and analogous case. Learned APP for the State opposes the prayer for bail.

Having regard to the facts and circumstances and submission made on behalf of the parties and further considering the fact that no recovery has been shown from him and nothing of substance came up on record to connect the petitioner with the alleged occurrence, and also considering the period of custody of the petitioner along with submission of charge sheet against him, the petitioner above named is directed to be released on bail on furnishing bail bond of Rs.

Patna High Court CR. MISC. No.12082 of 2022(3) dt.21-12-2022 3/3 (twenty thousand)each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Araria in connection with Narpatganj P.S. Case No. 522 of 2019, subject to the conditions mentioned in Section 437(3) of the Code of Criminal Procedure and also the following conditions: (i) The bail bond of the petitioner will be accepted only after framing of charge, if not already framed.

(ii) One of the bailors will be a close relative of the petitioner.

(iii) The petitioner will remain present on each and every date fixed by the court below.

(iv) In case of absence on three consecutive dates or in violation of the terms of the bail, the bail bond of the petitioner will be liable to be cancelled by the court concerned.

(Arun Kumar Jha, J) himanshu/- U T