Ankit Kumar @ Gautam Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.40219 of 2024 Arising Out of PS. Case No.-21 Year-2024 Thana- KONCH District- Gaya ====================================================== Ankit Kumar @ Gautam Kumar S/o Kishori Malkar R/o Village-Salaiya, P.s.- Muffasil, District-Gaya ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Aryan Singh, Advocate For the Opposite Party/s :

Mr. Md. Iftekhar Mahmood, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 21-06-2024 Heard learned counsel for the petitioner and learned APP for the State.

2.

The petitioner seeks bail in Konch P.S. Case No. 21 of 2024, instituted for the offences punishable under Sections 395 and 397 of the Indian Penal Code.

3.

The prosecution case, in short, is that, ten miscreants looted a tractor from the informant on gun point. 4.

Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. Charge-sheet has been submitted in this case. No incriminating material has been recovered from the conscious possession of the petitioner. It is further submitted that the petitioner is not named in the F.I.R. and name of the petitioner

Patna High Court CR. MISC. No.40219 of 2024(2) dt.21-06-2024 2/2 has surfaced in this case during the course of investigation on the basis of disclosure made by CDR. The allegation levelled against the petitioner is not specific, rather general and omnibus in nature. The petitioner is in custody since 14.01.2024 and has got no criminal antecedent. Other co-accused has been granted bail by this Court vide order dated 24-04-2024, passed in Cr. Misc. No. 31239 of 2024.

5.

Learned APP for the State has vehemently opposed the prayer for grant of bail to the petitioner. 6.

Considering the aforesaid facts and circumstances of the case and taking into account the period of custody undergone by the petitioner as also claim based on parity, this Court is inclined to grant bail to the petitioner. 7.

Let the petitioner 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 Court below/concerned Court in connection with Konch P.S. Case No. 21 of 2024.

(Rudra Prakash Mishra, J) Raj Kishore/- U T