Patna High CourtCR. MISC./56882/2024bail granted

Ankit Kumar Rajak @ Ankit Kumar v. The State Of Bihar

2024-08-06Mr. Justice Chandra Prakash Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.56882 of 2024 Arising Out of PS. Case No.-208 Year-2023 Thana- VIDYAPATINAGAR DistrictSamastipur ====================================================== Ankit Kumar Rajak @ Ankit Kumar, aged about 19 years, Gender-Male, S/O Manoj Rajak, R/O Village- Gram Maniyarpur, P.O.-Banghara, P.S.- Vidyapatinagar, Distt- Samastipur.

... ... Petitioner

Versus

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

For the Petitioner :

Mr. Sharad Shekhar, Advocate For the Opposite Party :

Mr. Ram Priya Sharan Singh, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 06-08-2024 This matter has been listed under the heading 'For Orders (on office notes)'.

2. Let the defect no. 6(2), as pointed out by the office notes dated 30.07.2024, be ignored.

3. Heard learned counsel for the petitioner and learned A.P.P. for the State.

4. The petitioner seeks bail in connection with Vidyapatinagar P.S. Case No. 208 of 2023 dated 28.12.2023 registered for the offences punishable under Sections 25(1-b)a, 26 and 35 of the Arms Act.

5. As per the prosecution case, one country made katta alongwith one live cartridge is said to have been recovered from

Patna High Court CR. MISC. No.56882 of 2024(2) dt.06-08-2024 2/3 the possession of the petitioner.

6. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. It is submitted that no incriminating article has been recovered from conscious possession of the petitioner and the recovery shown is planted material. The petitioner has no concern with the alleged offence. The petitioner has four criminal antecedents and in two cases, he is on bail as stated in paragraph no. 3 of the bail petition. He is in custody in this case since 28.12.2023.

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

8. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner, above named, 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 A.C.J.M.-II, Dalsingsarai, Samastipur in connection with Vidyapatinagar P.S. Case No. 208 of 2023 with further condition:- (I) The petitioner is directed to remain physically present before the learned court below on each and every date, failing which

Patna High Court CR. MISC. No.56882 of 2024(2) dt.06-08-2024 3/3 on two consecutive dates without reasonable cause, the bail bonds of the petitioner are liable to be cancelled.

9. The application stands allowed.

(Chandra Prakash Singh, J) U.K./- U T