Ankit Jha @ Ankit Kumar Jha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.41447 of 2021 Arising Out of PS. Case No.-243 Year-2020 Thana- BAUNSI District- Banka ====================================================== Ankit Jha @ Ankit Kumar Jha Son Of Bibhash Chandra Resident Of Village - Kharauni, Police Station - Bhandhua Kurava, District - Banka. ... ... Petitioner

Versus

The State Of Bihar ... Opposite Party ====================================================== Appearance :

For the Petitioner/s :

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

Mr.Ram Anurag Singh, Addl Public Prosecutor ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 22-10-2021 Heard learned counsel for the petitioner and the State. The petitioner prays for grant of regular bail in a case registered for the offence punishable under sections 395/397 of the Indian Penal Code.

As per the prosecution case, five unknown accused persons are alleged to have committed dacoity in the house of the informant.

Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. Petitioner is not named in the FIR and his name has figured during course of investigation to the effect that he was seen moving near the place of occurrence at the relevant time and save and except there is nothing against the petitioner. No incriminating material has been recovered from the conscious possession of the petitioner. Petitioner has claimed clean antecedent and he is in custody since 26.5.2021. Similarly situated co-accused has already been allowed bail by a co-

Patna High Court CR. MISC. No.41447 of 2021(2) dt.22-10-2021 2/2 ordinate bench of this Court vide Annexure 2. Learned counsel appearing for the State opposes the prayer for bail.

Considering the rival submissions of the parties and the materials available on the record, let the petitioner, mentioned above, be enlarged on bail on furnishing bail bond of Rs.10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Banka in Baunsi Police Station Case No. 243 of 2020 on the following conditions:-

(1) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court and shall remain physically present as directed by the Court and on his/her absence on two consecutive dates without sufficient reason, his/her bail bond shall be cancelled by the Court below.

(2) If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

(Prabhat Kumar Singh, J) Shashi U T