Patna High CourtCR. MISC./34574/2024bail granted

Ankit Kumar v. The State Of Bihar

2024-05-15Mr. Justice Chandra Prakash Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.34574 of 2024 Arising Out of PS. Case No.-14 Year-2024 Thana- SARAI District- Vaishali ====================================================== Ankit Kumar SON OF LATE AMOD RAI Resident of Village- Senduari, P.S. Hajipur sadar, District - Vaishali ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Vasant Vikas For the Opposite Party/s :

Mr.Sanjay Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 15-05-2024 Heard learned counsel for the petitioner and learned A.P.P for the State.

2. The petitioner has preferred this application for grant of regular bail in connection with Sarai P.S. Case No. 14 of 2024 dated 24.01.2024 registered for the offences punishable under sections 399, 402 of the Indian Penal Code, sections 25(1b)a, 26, 35 of the Arms Act and sections 20(b)(ii)(c) of the N.D.P.S. Act.

3. As per the prosecution case, the informant along with other persons reached in the mango orchard, on seeing the police vehicle, nine persons started to flee away. Out of whom seven were apprehended. The apprehended co-accused persons disclosed their name as Rishu Kumar Singh @ Rishu Kumar,

Patna High Court CR. MISC. No.34574 of 2024(2) dt.15-05-2024 2/3 Badal Kumar, Abhishek Ray @ Goba @ Bojha, Ankit Pathak, Golu Kumar, Murlidhar Kumar @ Munna and Ankit Kumar (petitioner). It is further alleged that on search one country made pistol along with live cartridge has been recovered from the possession of the accused Badal Kumar. One country made pistol along with one live cartridge has been recovered from the possession of accused Golu Kumar @ Daya. Three smart phones were recovered from the possession of Murlidhar Kumar @ Munna Kumar. Two smart mobile phones were recovered from the co-accused Ankit Pathak and one smart phone was recovered from the possession of the Ankit Kumar (petitioner). One kg. 50 grams Narcotics substance like Charas was recovered from the possession of the co-accused Rishu Kumar.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. Nothing has been recovered from the conscious possession of the petitioner except mobile. The name of the petitioner has sprung up in this case due to enmity with the police and village politics. The petitioner has clean antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 25.01.2024.

5. Learned A.P.P. for the State has vehemently

Patna High Court CR. MISC. No.34574 of 2024(2) dt.15-05-2024 3/3 opposed the bail petition of the petitioner.

6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Vaishali at Hajipur in connection with Sarai P.S. Case No. 14 of 2024.

7. The application stands allowed.

(Chandra Prakash Singh, J) Ranjeet/- U T