Ankit Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.33541 of 2025 Arising Out of PS. Case No.-31 Year-2024 Thana- KHIJARSARAI District- Gaya ====================================================== Ankit Kumar S/o Surendra Yadav R/o Village- Pachoi, P.S.- Khizersarai, District- Gaya ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rabia Gulnaz, Adv For the Opposite Party/s :

Mr. Uday Pratap Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY ORAL ORDER 02-07-2025 Heard learned Counsel for the petitioner and learned A.P.P for the State.

2. The petitioner seeks regular bail in a case registered for the offences punishable under Sections 147, 148, 149, 341, 323, 325, 307, 379, 504 and 506 of the I.P.C.

3. As per the prosecution case, on 16.01.2024 at about 04:00 P.M., the informant along with his father and brother was irrigating potato. In the meantime, the petitioner and the named co-accused persons armed with Lathi, Danda and Khanti came and started abusing the informant and his family members. It is further alleged that Ankit Kumar (petitioner) assaulted the informant by means of Khanti due to which he sustained head injury and the other co-accused persons assaulted the informant's father and brother by means of Lathi and Iron rod

Patna High Court CR. MISC. No.33541 of 2025(3) dt.02-07-2025 2/3 causing injuries on their hands.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and a young boy of 20 years age and has falsely been implicated in this case. It is further submitted that no occurrence as alleged had taken place. It is next submitted that there is a delay of 15 days in lodging the FIR without giving any plausible explanation and as an afterthought the name of the petitioner has been inserted in order to dent his entire career ahead. It is lastly submitted that the petitioner has clean antecedent and is in custody since 24.02.2025.

5. Learned APP for the State has vehemently opposed the prayer for bail of the petitioner.

6. Considering the aforesaid submissions of the parties, let the petitioner above-named, be enlarged 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 Court concerned, Gaya, in connection with Khizersarai P.S. Case No. 31 of 2024, subject to the following conditions:- (i) One of the bailors will be close relative of the petitioner.

(ii) The petitioner will remain present on each and every date fixed by the Court below, if so required by the learned Trial Court.

(iii) In case of absence on two

Patna High Court CR. MISC. No.33541 of 2025(3) dt.02-07-2025 3/3 consecutive dates or in violation of the terms of the bail, the bail bond of the petitioner will be liable to be canceled by the Court concerned.

(iv) If the petitioner is found involved in similar nature of offence in future, the prosecution will be at liberty to move for cancellation of his bail bond.

(v) The learned Court below shall verify the criminal antecedent of the petitioner and in case at any stage it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.

7. The application stands allowed.

(Sourendra Pandey, J) Jyoti/- U T