Ankush Kumar @ Sonal @ Sher Khan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.29193 of 2024 Arising Out of PS. Case No.-162 Year-2020 Thana- HAJIPUR SADAR District- Vaishali ====================================================== Ankush Kumar @ Sonal @ Sher Khan Son Of Brij Raj Rai @ Arjun Rai Resident Of Village - Dighi Kala West, P.S. - Hajipur Sadar, District - Vaishali ... ... Petitioner/S
Versus
The State Of Bihar .. ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Sunil Kumar Singh, Advocate For the Opposite Party/s :
Mr. Sucheta Yadav, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 29-04-2024 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner seeks bail in connection with Hajipur Sadar P.S. Case No. 162 of 2020 instituted for the offences under Section 392 of the Indian Penal Code.
3. Prosecution allegation, in short, is that the two miscreants came and on the point of pistol demanded key of the vehicle and due to fear informant had given the key of vehicle and thereafter the miscreants fled away after looting his scooty bearing registration no. BR01DG7205, cash Rs. 40,000/- and some documents i.e. Adhar Card, Driving License, ATM Card etc.
4. Learned counsel for the petitioner submits that the
Patna High Court CR. MISC. No.29193 of 2024(2) dt.29-04-2024 2/3 petitioner is innocent and has falsely been implicated in the present case due to village politics. The petitioner has got no concern with the alleged occurrence. No incriminating material has been recovered from the conscious possession of the petitioner. Looted articles were recovered from the house of coaccused Sunny Kumar. Charge-sheet has been submitted in this case. The petitioner is in custody since 18.08.2020.
5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.
6. Considering the aforesaid facts and circumstances of the case, the period of custody undergone by the petitioner and the charge sheet being submitted, this Court is inclined to grant bail to the petitioner.
7. Let the petitioner be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Hajipur Sadar P.S. Case No. 162 of 2020 subject to the following conditions. (I) One of the bailors shall be own/close member of the family of the petitioner.
(II) The petitioner shall appear on each and every date fixed at the trial. In case of default in such appearance on two
Patna High Court CR. MISC. No.29193 of 2024(2) dt.29-04-2024 3/3 consecutive dates, the Trial Court will have liberty to cancel the bail bonds of the petitioner.
(Rudra Prakash Mishra, J) Prakash/- U