Ankit Kumar @ Ankit Tiwary v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.44948 of 2022 Arising Out of PS. Case No.-165 Year-2020 Thana- ISHAKCHAK District- Bhagalpur ====================================================== ANKIT KUMAR @ ANKIT TIWARY SON OF BAL KRISHNA TIWARY RESIDENT OF VILLAGE- LALUCHAK, ANGARI, P.S.- LODHIPUR, DISTRICT- BHAGALPUR ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Rakesh Kumar Sinha For the Opposite Party/s :
Mr.Jitendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 31-08-2022 Heard the parties.
The petitioner has renewed his prayer for regular bail in connection with Sessions Trial No. 654 of 2021 (arising out of Ishakchak PS Case No. 165 of 2020) registered under Section 504 / 506 / 34 of the IPC and Section 3 / 4 of the Explosive Substances Act inasmuch as earlier bail application of the petitioner vide Cr. Misc. No. 31871 of 2021 was dismissed as withdrawn by this court by order dated 09.03.2022 with liberty to the petitioner to renew his prayer for bail after three months. The allegation in the F.I.R. is that three unknown persons entered into the petrol pump of the informant and hurled bomb therein and the petitioner along with others was identified in the C.C.T.V. footage.
Patna High Court CR. MISC. No.44948 of 2022(2) dt.31-08-2022 2/3 Learned counsel for the petitioner submits that petitioner has falsely been implicated in this case at the behest of the police and during the trial P.W. 5 / informant did not identify the petitioner in the court. He further submits that petitioner is in custody since 21.12.2020. He next submits that no body received injury due to the bomb allegedly thrown by the petitioner and others and no loot has been committed. Regard being had to the submissions made by the parties and taking into consideration the fact that petitioner is in custody since 21.12.2020, no body received injury due to bomb thrown by the petitioner and others and this is 2nd attempt for bail on behalf of the petitioner, as such, I am inclined to grant regular bail to the petitioner.
Let the petitioner, above named, be released on regular bail on furnishing bail bond of Rs. 30000/- (thirty thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge - 10th, Bhagalpur in connection with Sessions Trial No. 654 of 2021 ( arising out of Ishakchak PS Case No. 165 of 2020 ) on the following condition:- (i) that the petitioner shall remain present on each and every date during the course of
Patna High Court CR. MISC. No.44948 of 2022(2) dt.31-08-2022 3/3 trial and in case of default on two consecutive dates on the part of the petitioner, his bail bond shall liable to be cancelled.
(Anil Kumar Sinha, J) praful/- U T