Ankar Madhur Alias Ashish Alias Laltoo Alias Ankan Madhur v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.691 of 2021 Arising Out of PS. Case No.-79 Year-2020 Thana- BHAPTIAHI District- Supaul ====================================================== ANKAR MADHUR ALIAS ASHISH ALIAS LALTOO ALIAS ANKAN MADHUR SON OF RAMJIWAN PANDEY RESIDENT OF VILLAGEMALHNI, P.S.- SUPAUL, DISTRICT- SUPAUL ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Anil Kumar Choudhary, Advocate For the Opposite Party/s :

Mr. C.S.P.Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 28-06-2021 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State through video conferencing.

The petitioner has filed the instant application for grant of regular bail in connection with Bhaptiyahi P.S. Case no. 79 of 2020 registered against four unknown under section 392 of the Indian Penal Code to which sections 394 and 412 of the Indian Penal Code were added subsequently.

As per allegation in the FIR, the four accused persons on a Scorpio looted the informant of his pickup vehicle along with goods loaded thereon.

It is submitted by learned counsel for the petitioner that the FIR was registered against unknown and the petitioner

Patna High Court CR. MISC. No.691 of 2021(3) dt.28-06-2021 2/3 was falsely implicated in the case in course of investigation. It is submitted that it has wrongly transpired in course of investigation that on the Investigating Officer reaching the looted pickup van along with Badshah Khan, Ravindra Yadav, the petitioner and one another accused were present there were taken into custody. No incriminating article has been recovered from the petitioner's possession. The petitioner has no criminal antecedent and is in custody since 13.8.2020. Co-accused Badshah Khan and others have been enlarged on bail vide order dated 4.3.2021 passed in Cr. Misc. no. 39348/2020, order dated 26.4.2021 passed in Cr. Misc. no. 6961/2020 and order dated 22.6.2021 passed in Cr. Misc. no. 1052/2021.

The application for bail is opposed by learned Additional Public Prosecutor for the State.

Having heard learned counsel for the parties and taking into consideration the petitioner having remained in custody for 10 months and grant of bail to the other co-accused by the aforesaid orders, the Court is inclined to enlarge the petitioner on bail. The petitioner is directed to be enlarged on bail in connection with Bhaptiyahi P.S. Case no. 79 of 2020 on furnishing bail bond of Rs.10,000/ (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the

Patna High Court CR. MISC. No.691 of 2021(3) dt.28-06-2021 3/3 learned Chief Judicial Magistrate, Supaul.

(Partha Sarthy, J) Spd/- U T