Ankit Raj v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.52077 of 2021 Arising Out of PS. Case No.-118 Year-2021 Thana- BUXAR INDUSTRIAL District- Buxar ====================================================== Ankit Raj S/O Rajendra Prasad Resident Of Mohalla- Adarsh Bihar Colony Bihiya, P.S.- Bihiya, District- Bhojpur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Uday Kumar, Adv.

For the Opposite Party/s :

Mr.Rajendra Nath Jha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 01-04-2022 Heard learned counsel for the petitioner and learned APP for the State through video conferencing. The petitioner is in judicial custody in connection with Buxar (Industrial) P.S. Case No.118 of 2021 lodged on 06.07.2021 under Section 414 and 34 of the Indian Penal Code. As per the FIR, the Police Officer on information reached Parari more, saw some persons sitting in two Scorpio vehicles while others were loitering on the road. As they saw the police, they tried to flee away where-after the police successfully nabbed accused persons including the petitioner herein. They were searched in the presence of independent witnesses. From the two Scorpio vehicles, some ornaments were recovered.

So far as this petitioner is concerned, allegation is that from his person a mobile was recovered.

Patna High Court CR. MISC. No.52077 of 2021(2) dt.01-04-2022 2/3 Learned counsel for the petitioner submits that the ornaments were recovered from the Scorpio vehicle with which he had no concern. He has merely been arrested for being present at that place. As such he deserves bail. In the aforesaid facts, I am inclined to grant bail to the petitioner. Let the petitioner be released on furnishing bail bond of Rs.10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Buxar in connection with Buxar (Industrial) P.S. Case No.118 of 2021.

Since the petitioner has criminal antecedent, following conditions are being imposed while granting bail. (i) one of the bailor should be the family member of the petitioner and will produce official document to show his bonafide;

(ii) the petitioner shall ensure his presence in the pending trial on each and every date and failure to do so for two consecutive dates without plausible reason, the State shall be at liberty to initiate the process for cancellation of his bail; (iii) he shall visit the local police station every fortnight for three months to mark his presence. With the aforesaid observation, the bail application is

Patna High Court CR. MISC. No.52077 of 2021(2) dt.01-04-2022 3/3 allowed.

(Rajiv Roy, J) Prakash Narayan /- U T