Ankesh Kumar @ Maikal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.39780 of 2021 Arising Out of PS. Case No.-271 Year-2018 Thana- GOPALGANJ TOWN DistrictGopalganj ====================================================== Ankesh Kumar @ Maikal S/O Bhushan Kumar Rajak @ Jawahar Rajak R/o village- Simri, P.S.- Vidyapati Nagar, District- Samastipur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Ms. Anita Kumari Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 03-11-2021 Heard the learned counsel for the petitioner and Smt. Anita Kumari Singh, the learned APP for the State. The present petition is by way of second attempt at the behest of the petitioner for grant of regular bail in connection with Gopalganj PS case no. 271 of 2018 under Sections 395, 397 of Indian Penal Code, inasmuch as the earlier petition of the petitioner for grant of bail was dismissed as withdrawn by an order dated 05.01.2021, passed in Cr. Misc. no. 17389 of 2020.

The allegation is regarding unknown miscreants having arrived at the house of the informant, whereafter they had tied the informant and his family members with ropes and then, had looted jewellery, cash amount, licensed revolver,

Patna High Court CR. MISC. No.39780 of 2021(4) dt.03-11-2021 2/2 cartridges etc., whereafter they had fled away. The learned counsel for the petitioner has submitted that the petitioner is languishing in custody since 30.09.2019 and there is no progress in the trial, hence the petitioner be granted the privilege of bail.

Per contra, the learned A.P.P. for the State has vehemently opposed the prayer for bail and has submitted that the confessional statement of the petitioner has led to recovery of the stolen articles like jewellery etc. and moreover, the petitioner is an accused in 10 other criminal cases, hence it would not be in the interest of the society to grant bail to the petitioner.

Having regard to the facts and circumstances of the case and considering the materials on record as also the fact that there is no change in circumstance from the day, the earlier prayer of the petitioner for grant of bail was dismissed as withdrawn, till date, I do not find any merit in the present petition, hence the same stands dismissed.

(Mohit Kumar Shah, J) rinkee/- U T