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Patna High CourtCR. MISC./23058/2021allowed

Ankit Kumar v. The State Of Bihar

2021-07-22Mr. Justice Anjani Kumar Sharan3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.23058 of 2021 Arising Out of PS. Case No.-49 Year-2020 Thana- MANSURCHAK District- Begusarai ====================================================== ANKIT KUMAR S/o Rajesh Kumar Choudhary R/o Village/MohallaAhiyapur (Bajopur), Ward No. 5, P.S.- Mansoorchak, District- Begusarai. ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Rajendra Narain, Sr. Advocate.

Mr. Kundan Kumar Singh, Advocate.

For the Opposite Party/s :

Md. Arif, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 22-07-2021 Heard Mr. Rajendra Narain, learned senior counsel assisted by Mr. Kundan Kumar Singh, learned Advocate for the petitioner and learned APP for the State through virtual Court proceedings.

Learned counsel for the petitioner undertakes to remove the defects within four weeks of resumption of normal court proceeding. In the eventuality of non-removal of defects within undertaken period, the office will place the matter before the Bench.

The petitioner seeks bail in a case registered for the offence punishable under Sections 307, 504 & 506/34 of the Indian Penal Code.

The allegation against the petitioner is that he

Patna High Court CR. MISC. No.23058 of 2021(2) dt.22-07-2021 2/3 resorted firing upon husband of the informant and sustaining injury at his thigh he fell down while he along with his family members was at his door.

It is submitted by learned counsel for the petitioner that no such occurrence as alleged ever took place. He is quite innocent and has been falsely implicated in this case merely on suspicion. No incriminating article has been recovered from his conscious physical possession. There is delay of two days in lodging the F.I.R. without assigning cogent reason for the said delay. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. It is further submitted that the injured has got several criminal antecedent and a notorious person of the area. The petitioner has one criminal antecedent and is on bail in the said case. Petitioner has been languishing in custody since 20.09.2020. Learned APP for the State opposed the bail petition.

Considering the facts aforesaid, the above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five 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

Patna High Court CR. MISC. No.23058 of 2021(2) dt.22-07-2021 3/3 connection with Mansoorchak P.S. Case No.49 of 2020, G.R. No.1840 of 2020.

(Anjani Kumar Sharan, J) Trivedi/- U T