Ankaj Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.40408 of 2022 Arising Out of PS. Case No.-82 Year-2020 Thana- MANSI District- Khagaria ====================================================== ANKAJ KUMAR SON OF GANGO CHAUDHARI R/O VILLAGEROHIYAR, P.S.- MANSI, DISTRICT- KHAGARIA ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

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

Mr. Nawal Kishore Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 13-10-2022 Heard learned counsel for the petitioner and learned counsel for the State.

Let the defect(s), if any, as pointed out by the office be removed within four weeks.

The petitioner is an accused in connection with Mansi P.S. Case NO. 82 of 2020 under Section 395 of the Indian Penal Code.

As per the prosecution story, the accused persons intercepted the informant on the point of pistol and after threatening him of dire consequences took his bag containing Rs. 3,76,000/-, laptop, charge and some other documents. Accordingly, the FIR was lodged.

Learned counsel for the petitioner submits that during the course of investigation, his name has come. Despite the fact

Patna High Court CR. MISC. No.40408 of 2022(2) dt.13-10-2022 2/3 that he is in custody since 26.05.2022, neither any T.I. Parade has been done nor anything has been recovered from his conscious possession. It has further been submitted that some of the similarly place co-accused persons have since been released on bail vide order dated 22.01.2021 passed in Cr. Misc. No. 31057 of 2020 (Bikram Yadav & Prince Kumar) by a coordinate Bench of this Court. Taking into account the fact that the petitioner is in custody since 26.05.2022, some similarly place co-accused persons have been enlarged on bail and charge sheet stands submitted, this Court is inclined to grant him privilege of bail. Let the petitioner be released on bail on furnishing bail bond of Rs.

10,000/- (Ten Thousand) with two sureties of like amount each to the satisfaction of learned Chief Judicial Magistrate, Khagaria in connection with Mansi P.S. Case NO.

(ii) the petitioner shall appear on each and every date before the Trial court and failure to do so for two consecutive dates without plausible reason will entail cancellation of his/her

Patna High Court CR. MISC. No.40408 of 2022(2) dt.13-10-2022 3/3 bail bond by the Trial court itself;

(iii) the petitioner shall appear before the concerned police station every fortnight for next six months to mark attendance;

(iv) the petitioner shall in no way try to induce or promise or threat the witnesses or tamper with the evidences, failing which the State shall be at liberty to take steps for cancellation of his bail bonds;

(v) the petitioner shall desist from committing any criminal offence again failing which the State shall be at liberty to take steps for cancellation of the bail bonds. With the aforesaid observations, the bail application is allowed.

(Rajiv Roy, J) Jagdish/NehaU T