Ankesh Aman v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.26686 of 2025 Arising Out of PS. Case No.-388 Year-2024 Thana- RAJIVNAGAR District- Patna ====================================================== Ankesh Aman ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Dhirendra Kumar Sinha, Adv.
Ms. Soni Kumari, Adv.
For the Opposite Party/s :
Mr. Bharat Bhushan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 20-06-2025 Heard Mr. Dhirendra Kumar Sinha, learned counsel for the petitioner and Mr. Bharat Bhushan representing the State.
2. The petitioner is in custody in connection with Rajiv Nagar P.S. Case No. 388 of 2024 for the offence punishable under sections 137(2) and 140(2) of the BNS Act lodged on 02.07.2024 by the informant, Ashok Singh.
3. As per the prosecution story, the informant alleged that his minor son went to the school but thereafter, went missing. This led to the FIR. The Police picked up the case and ultimately, the petitioner came into net, he being the landlord where the informant was residing. It came to the light that he along with Chandan Kumar kidnapped the minor boy, kept in his own house after giving injection and making him
2/4 unconscious, took him in a car to the house of Chandan Kumar, kept there whereafter the call was made for ransom. This is how he is in judicial custody.
4. Learned counsel for the petitioner submits that he has already suffered by being in custody for almost a year, if granted bail, he shall be diligently appearing in trial without fail, shall also be visiting the police station every fortnight till the conclusion of the trial. The last submission is that one of the coaccused, Rahul Kumar has been extended relief in Cr. Misc. No. 64434 of 2024 vide an order dated 04.12.2024.
5. Learned APP opposes the prayer for bail submitting that he has criminal antecedent and allegation against him is on a different footing, he being the landlord where the informant along with his child was residing.
6. Though allegation is there, the FIR has been lodged and he shall be facing the music. The Trial Court report was called for according to which, it has now been committed to the Court of learned Sessions Judge, Patna, he has remained in custody since 05.07.2024 and an undertaking has been given that he shall be diligently appearing in trial as also shall be visiting the Police Station every fortnight till the conclusion of the trial, one of the co-accused, Rahul Kumar has been granted
3/4 bail, as stated above, in that background, this Court is inclined to extend him the privilege of bail with conditions.
7. Let the petitioner be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) each with two sureties of like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-IInd, Patna in connection with Rajiv Nagar P.S. Case No. 388 of 2024 subject to the following conditions:
(i) one of the bailor should be the family member/relative of the petitioner who shall provide official document to show his/her bona fide;
(ii) the petitioner shall appear on each and every date before the Trial Court and failure to do so for two consecutive dates without plausible reason will entail cancellation of his bail bond by the Trial Court itself;
(iii) the petitioner shall appear before the concerned police station every fortnight till the conclusion of the trial to mark his attendance;
(iv) the petitioner shall in no way try to induce or promise or threat the witnesses or tamper with the evidences, failing which the State shall be at liberty to take steps for cancellation of the bail bonds;
4/4 (v) the petitioner shall desist from committing any criminal offence again, failing which the State shall be at liberty to take steps for cancellation of his bail bonds. (Rajiv Roy, J) Vijay Singh/- U T