Ankit Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.32280 of 2023 Arising Out of PS. Case No.-82 Year-2023 Thana- BARUN District- Aurangabad ====================================================== ANKIT KUMAR son of Permanand Singh Resident of Village- Digdhi, PS.- Barun District- Aurangabad (Bihar).

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Binod Kumar Pandey For the Opposite Party/s :

Mrs.Rita Verma ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL ORDER 24-06-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks bail in connection with Barun P.S. Case No. 82/2023 registered for the offences punishable under Sections 379/414/420/467/468/471/120(B) of the Indian Penal Code.

As per prosecution case, one tractor alongwith tailor and one pulsar motorcycle were recovered near the house of the petitioner. It is alleged that fake owner book of the said vehicles were recovered which was registered in the name of co-accused Parmanand Singh.

Learned counsel for the petitioner submits that petitioner is innocent and has falsely been implicated in this case. The petitioner is languishing in custody since 23.02.2023

Patna High Court CR. MISC. No.32280 of 2023(2) dt.24-06-2023 2/3 and bears no criminal antecedent. No incriminating article has been recovered from the conscious possession of the petitioner. He further submits that petitioner has nothing to do with the alleged occurrence. Charge sheet has been submitted in this case and there is no likelihood of tampering with the prosecution evidence.

The learned A.P.P. for the State vehemently opposed the prayer for bail of the petitioner.

Considering the facts and circumstances of the case, period of custody, charge sheet has already been submitted in this case and there is no likelihood of tampering with the prosecution evidence, and keeping in view clean antecedent of petitioner, argument advanced on behalf of both sides and also taking into consideration the material available on record, let the petitioner above named be released on bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Aurangabad in connection with Barun P.S. Case No. 82/2023, subject to following conditions:- (i) One of the bailors shall be either father or mother or sister or brother or wife or the person who has sworn the affidavit in bail application.

Patna High Court CR. MISC. No.32280 of 2023(2) dt.24-06-2023 3/3 (ii) Petitioner will co-operate in trial and will remain present on all dates and absence for two consecutive dates without appropriate permission, would be a ground for cancellation of bail by the learned Trial court itself. (iii) 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.

(Alok Kumar Pandey, J) amitkumar/- U T