Ankit Kumar @ Minti v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.56378 of 2021 Arising Out of PS. Case No.-824 Year-2020 Thana- FORBESGANJ District- Araria ====================================================== ANKIT KUMAR @ MINTI SON OF RAM PRAKASH YADAV R/O VILLAGE- ANCHRA, P.S.- FULKAHA, DISTRICT- ARARIA ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Pramod Mishra, Advocate For the Opposite Party/s :

Ms. Anita Kumari Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 31-01-2022 Heard the learned counsel appearing for the petitioner and learned A.P.P. for the State.

The petitioner seeks regular bail in connection with Forbesganj (Simraha) P.S. Case No. 824 of 2020 for the offence punishable under Section 392 of the Indian Penal Code and Section 27 of the Arms Act.

The allegation is regarding four unknown persons having intercepted the informant while he was travelling on his motorbike along with his two staff, after collecting cash from his customers, whereafter, the said miscreants had on pistol point snatched a sum of Rs. 22,330/- from the informant as well as had also snatched a bag containing cash amount, a mobile phone, a tablet, register etc. and then they had fled away while firing in the air.

Patna High Court CR. MISC. No.56378 of 2021(2) dt.31-01-2022 2/3 The learned counsel for the petitioner has submitted that the petitioner is innocent, he has been falsely implicated in the present case and is languishing in custody since 13.10.2020. It is further submitted that only after the petitioner was arrested in the present case, he has been remanded in three other cases, however, prior to that the petitioner was not having any criminal antecedent. Lastly, it is submitted that neither any Test Identification Parade has been held till date so as to connect the petitioner with the alleged crime nor any looted articles have been recovered from the conscious possession of the petitioner. Per contra, the learned A.P.P. for the State has vehemently opposed the prayer for bail.

Having regard to the facts and circumstances of the case, considering the submissions made by the learned counsel for the petitioner and taking into account the materials available on record as also considering the fact that neither any Test Identification Parade has been held till date so as to connect the petitioner with the alleged crime nor any looted articles have been recovered from the conscious possession of the petitioner herein, I deem it fit and proper to direct for release of the petitioner on regular bail.

Accordingly, the petitioner, above named, is directed to

Patna High Court CR. MISC. No.56378 of 2021(2) dt.31-01-2022 3/3 be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M., Araria in connection with Forbesganj (Simraha) P.S. Case No. 824 of 2020. (Mohit Kumar Shah, J) S.Sb/- U T