Ankit Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.29813 of 2020 Arising Out of PS. Case No.-383 Year-2020 Thana- ARARIA District- Araria ====================================================== ANKIT KUMAR Son of Munna Roy Resident of Mohalla- Shivpuri, Ward No.09, Bajrang Bali Mandir, P.S.- Araria, District- Araria. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Raj Kumar For the Opposite Party/s :

Mr.Sanjay Kr. Tiwary ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 15-01-2021 Learned counsel for the petitioner is directed to remove the defects, as pointed out by the office, within a period of four weeks.

Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case registered under Section 379 of the Indian Penal Code.

Allegation is that four unknown persons stolen away jewellery of Rs.1,30,000/-, clothes, utensils, cycle, gas cylinder etc from the house of the informant.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 23.05.2020 and has got no criminal antecedent. Charge sheet has been submitted in this case. There is no allegation of tampering of witnesses alleged

Patna High Court CR. MISC. No.29813 of 2020(3) dt.15-01-2021 2/2 against the petitioner. The petitioner is not named in the F.I.R. He has been made accused due to mistake of fact. The petitioner has not been put on T.I.P. to ascertain his participation in the alleged occurrence. One gas cylinder is alleged to have been recovered. Said gas cylinder belongs to the petitioner. The recovered gas cylinder has not been put on T.I.P. to ascertain whether the same is stolen property.

On behalf of the State, it is submitted that the petitioner is not named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioner, above named, 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 Chief Judicial Magistrate, Araria in connection with Araria P.S. case No.383 of 2020.

(Sudhir Singh, J) Narendra/- U T