Ankit Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.14526 of 2023 Arising Out of PS. Case No.-1218 Year-2022 Thana- KHAGARIA District- Khagaria ====================================================== Ankit Kumar, S/o Sanjay Poddar @ Sanjay Kumar Poddar ,R/O Sanahauli, P.S- Chitra Gupta Nagar, District- Khagaria ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Vikramaditya, Advocate Mr. Saroj Kumar Chaudhary, Advocate For the Opposite Party/s :
Mr. Pranav Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 24-04-2023
1. Heard learned counsel for the petitioner and the learned APP for the State.
2. Petitioner seeks regular bail in connection with Khagaria (Chitragupta Nagar) P.S. Case No. 1218 of 2022 dated 15.11.2022 registered for the offences punishable under Sections 418, 420, 409, 468, 471, 120(B)/34 of the Indian Penal Code.
3. The main submissions advanced by the learned counsel for the petitioner are that the petitioner has fair and clean antecedent, there is no any written complaint of having committed cheating or forgery with anyone, regarding the ATM cards which are stated to have been recovered from the possession of this petitioner, their respective holders have given
Patna High Court CR. MISC. No.14526 of 2023(3) dt.24-04-2023 2/3 in writing their affidavits to show that the ATM cards were never misused rather the same were given to the petitioner according to their own will and the alleged firm is a registered company and the petitioner is one of the Directors of the said company having proper Director Identification Number and he has been languishing in jail since 16.11.2022. Further submission is that during investigation not even a single person has come forward with an allegation of cheating being committed by this petitioner and accordingly except the recovery of alleged ATM cards and other electronic devices from the possession of the petitioner, there is no any other material to show the commission of the offences alleged in the FIR.
4. Learned APP appearing for the State has opposed the bail prayer.
5. Having considered the above submissions advanced by learned counsel for the petitioner and mainly the facts that in the case diary there is no detail of any person being cheated by this petitioner by using the alleged seized materials and the petitioner has fair and clean antecedent, in the opinion of this court, the petitioner deserves to a lenient approach of this court. Accordingly, let the petitioner be released on bail in connection
Patna High Court CR. MISC. No.14526 of 2023(3) dt.24-04-2023 3/3 with Khagaria (Chitragupta Nagar) P.S. Case No. 1218 of 2022 on furnishing bail bond of Rs.10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of the Court concerned.
(Shailendra Singh, J) Rajiv/- U T