Ankit Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.38648 of 2025 Arising Out of PS. Case No.-1425 Year-2024 Thana- MADHEPURA District- Madhepura ====================================================== Ankit Kumar Son of Munna Thakur @ Bharat Lal Thakur village- Mahua Ward no. 12, Ps- Gailarh, Dist- madhepura ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr.Uday Chand Prasad, Advocate Mr.Manoj Kumar, Advocate Ms.Pooja Prasad, Advocate For the Opposite Party/s :

Mr.Suman Kumari Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 18-08-2025 Heard learned counsel appearing on behalf of the petitioner and learned A.P.P. for the State.

2. The accused/petitioner seeks bail in connection with Madhepura P.S. Case No. 1425 of 2024 registered for the offences under Sections 309(6) Bhartiya Nyay Sanhita, 2023 (in short, the 'B.N.S.').

3. The accused/petitioner is not named in the First Information Report and is in custody since 27.01.2025.

4. Allegation against the petitioner is to commit robbery and while doing so, looted motorcycle, which was in possession of the informant bearing Registration No. BR43X3250.

Patna High Court CR. MISC. No.38648 of 2025(2) dt.18-08-2025 2/3

5. It is submitted by learned counsel appearing on behalf of the petitioner that name of the petitioner transpired during course of investigation on the basis of confessional statement of co-accused Prince Kumar, in furtherance of which, no incriminating material recovered/ surfaced prima facie as to connect petitioner with present occurrence of robbery. It is submitted that petitioner was not put up on Test Identification Parade (T.I.P.).

6. While concluding argument, it is submitted that petitioner found involved in two more criminal cases, where he is on bail and, moreover, investigation of this case is already completed, charge-sheet has been submitted and as such, there is no chance of tampering with the evidence.

7. Learned A.P.P. for the State has opposed the prayer for bail of the petitioner.

8. Considering the facts and circumstances as mentioned above and by taking note of the fact as save and except suspicion arising out of confessional statement of coaccused prima facie no incriminating material recovered/surfaced during course of investigation as to

Patna High Court CR. MISC. No.38648 of 2025(2) dt.18-08-2025 3/3 connect the petitioner with the present crime in question, coupled with the fact that petitioner remains in custody since 27.01.2025, where investigation of this case is already completed, accordingly, above-named petitioner is directed to be released on bail, furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand only) with two sureties of the like amount each to the satisfaction of learned C.J.M., Madhepura, in connection with Madhepura P.S. Case No. 1425 of 2024, subject to the condition as laid down under Section 437(3) Cr.P.C/Section 480(3) of the Bhartiya Nagarik Suraksha Sanhita (in short "B.N.S.S."). (Chandra Shekhar Jha, J) Rajeev/- U T