Ankit Kumar @ Ankit Raj @ Abhinav Raj v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.28741 of 2023 Arising Out of PS. Case No.-651 Year-2022 Thana- JAKKANPUR District- Patna ====================================================== ANKIT KUMAR @ ANKIT RAJ @ ABHINAV RAJ SON OF RAJESH PRASAD R/O-HATHSARGANJ, P.S.-HAJIPUR, DISTT.-VAISHALI ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Deepak Kumar Singh, Advocate For the Opposite Party/s :

Mr.Mohammad Sufyan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 24-05-2023 Heard learned counsel for the petitioner and State. The petitioner is in custody in connection with S. Tr. No. 329 of 2023/Jakkanpur P.S. Case No. 651 of 2022 for the offence under Sections 302, 34 of the Indian Penal Code and Section 27 of the Arms Act.

Learned counsel for the petitioner submits that the petitioner has got no criminal antecedent and he is in custody since 05.12.2022.

The prosecution story in brief is that on 18.11.2022 informant's brother, namely, Rahul Kumar was at his shop at Karbigahiya. In the meantime the proprietor of Britannia - namely Bunty Kumar came there, whose Godown was at Beur. He along with his salesmen, namely, Ritu, Kallappa Kudava kalagi, Keshav Raj came and asked him to purchase his company's Biscuits from informant's brother and to sell the same. The informant's brother denied. After that Bunty Kumar ordered to kill him and fired upon his brother. One sales man, namely, Ritu Raj also fired upon his brother. After that Police

Patna High Court CR. MISC. No.28741 of 2023(2) dt.24-05-2023 2/2 came there and caught the accused persons. The informant brought his brother at PMCH, Patna where the Doctor declared dead.

Petitioner is not named in the F.I.R and his name came on the confessional statement of the witnesses. He was not arrested on the place of occurrence.

Considering the fact that the petitioner has got no criminal antecedent and period of custody, the petitioner, named above, is directed to be released on bail after framing of charge on furnishing bail bonds of Rs.25,000/- (Rupees twenty five thousand) with two sureties of the like amount each to the satisfaction of learned Addl. Sessions Judge-XXI, Patna in connection with S. Tr. No. 329 of 2023/Jakkanpur P.S. Case No. 651 of 2022.

It is also subject to the condition that the petitioner would cooperate in the proceeding of the court below. In the event of failure to appear on two consecutive dates, the court below will be at liberty to pass appropriate order including cancellation of bail bonds of the petitioner. (Sandeep Kumar, J) Harsh/ U T