Ankit Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.42074 of 2024 Arising Out of PS. Case No.-179 Year-2023 Thana- NAUBATPUR District- Patna ====================================================== Ankit Kumar Son Of Sri Rahish Kumar @ Rahish Yadav Resident Of Village - Raganiyabag, P.O. - Dhobiya Kalapur, P.S. - Naubatpur, District - Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ghanshyam Tiwary For the Opposite Party/s :

Dr. Ajeet Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 20-06-2024 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 Naubatpur P.S. Case No. 179/2023 dated 17.03.2023 registered for the offences punishable under sections 25(1-B)a, 26 and 35 of the Arms Act.

3. As per the prosecution case, the petitioner committed murder of Nandlal @ Raushan Kumar and concealed his arms under the bush behind Reganiyabag Government Primary School. At the instance of the petitioner, police raided the said place in presence of the petitioner and recovered torch, one country made pistol and two live cartridges from the bush.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. The petitioner has three criminal antecedents and he

Patna High Court CR. MISC. No.42074 of 2024(2) dt.20-06-2024 2/2 is on bail in all cases. Nothing has been recovered from the conscious possession of the petitioner. The petitioner has been made accused in this case on the basis of mere suspicion. There is no eye-witness to the occurrence. The petitioner is in custody since 27.03.2023.

5. Learned A.P.P. for the State has vehemently 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, Danapur (Patna) in connection with Naubatpur P.S. Case No. 179/2023, with a condition:- (i) The petitioner is directed to remain physically present before the learned Court below on each and every date, failing which on two consecutive dates without reasonable cause, the bail bond of the petitioner is liable to be cancelled.

7. The application stands allowed.

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