Ankit Kumar Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.22971 of 2024 Arising Out of PS. Case No.-179 Year-2021 Thana- NAVINAGAR District- Aurangabad ====================================================== Ankit Kumar Singh S/o Pancham Singh R/o vill - Janakpur Pokhra, P.S. - Nabinagar, distt. - Aurangabad ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Pramendra Kumar Singh, Adv.
For the Opposite Party/s :
Mr.Lalan Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 10-05-2024 Heard learned Counsel for the petitioner and learned APP for the State.
2. The petitioner is apprehending arrest in a case registered for the offences punishable in connection with Nabinagar P.S. Case No.179 of 2021 under Sections 147, 148, 149, 323, 337, 338, 307, 323, 333, 353, 427, 435, 504, 283 and 188 of the Indian Penal Code read with section 3/4 of Bihar Prevention of Damage to Public Property Act, 1984.
3. As per the prosecution, the FIR has been lodged against 76 named and 300-400 unknown accused persons against whom there is allegation that they are pelting stone and damaged the police vehicle. They have also alleged to create hindrance in discharging the official duty of the police.
4. Learned counsel for the petitioner submits that the
Patna High Court CR. MISC. No.22971 of 2024(3) dt.10-05-2024 2/3 petitioner is innocent and has committed no offence. He submits that the petitioner is not named in the F.I.R. rather his name has come during investigation and as such, he is out of 300-400 accused persons who are not named in the F.I.R.
5. Counsel further submits that there is no specific act or overt act against the petitioner. He also submits that antecedent of the petitioner is not clean and there are two criminal case pending against him in which he is on bail.
6. Counsel further submits that the other accused persons who were not named in the F.I.R., have been granted bail by the Co-ordinate Bench of this Court vide order dated 14.07.2022 passed in Cr. Misc. No.66121/2021.
7. Learned APP for the State opposes the prayer for bail.
8. In the present facts and circumstances, let the above named petitioner be released on anticipatory bail, in the event of arrest or surrender before the learned Court below within a period of 6 weeks from today, on furnishing bail bonds of Rs.30,000/- (Rupees Thirty thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Aurangabad in connection with Nabinagar P.S. Case No.179 of 2021, subject to the conditions as laid down under
Patna High Court CR. MISC. No.22971 of 2024(3) dt.10-05-2024 3/3 Section 438(2) of the Cr.P.C.
9. However, the petitioner shall be granted anticipatory bail only on being satisfied by the Trial Court that the petitioner is not absconding in any of the cases pending against him whose details are as follows:- i. Nabinagar P.S. Case No.338 of 2021.
ii. Nabinagar P.S. Case No.183 of 2022.
(Dr. Anshuman, J.) Prakashmani/- U T