Ankit Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.54760 of 2021 Arising Out of PS. Case No.-191 Year-2021 Thana- KADWA District- Katihar ====================================================== Ankit Kumar Singh S/O Gajendra Prasad Singh R/O Mohalla- Gandhi Nagar Katihar, P.S.- Town, District- Katihar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ajit Kumar Singh For the Opposite Party/s :

Mr.Nawal Kishore Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER 31-03-2022 Let the defects, if any, be removed within four weeks from today.

Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. Petitioner seeks bail in a case registered in connection with Kadwa P.S.Case No. 191 of 2021 for the offences punishable under Section 307/34, later on added section 386,387,120B/34 of the Indian Penal Code and section 25(1b)a,26,35 and 27 of the Arms Act. As per allegation in the F.I.R, while the informant was sitting in his office, two miscreants riding on Motorcycle came there and one of them fired on him but informant luckily saved. Thereafter, they fled away.

Learned counsel for the petitioner submits that F.I.R

Patna High Court CR. MISC. No.54760 of 2021(2) dt.31-03-2022 2/3 has been instituted against unknown person and the name of the petitioner transpired on the basis of confessional statement of co-accused Ajit Das. Furthermore, there is no demand of ransom and as such the allegation does not attract Section 386 and 387 of the I.P.C. Further submits that F.I.R has been registered on 26.07.2021. He next submits that petitioner has got clean antecedent and he is in custody since 31.07.202, even if as per the allegation that only two cartridges were said to have been recovered from possession of the petitioner.

The learned A.P.P opposed the prayer for bail of the petitioner.

Having considered the aforesaid facts and material available on the record especially in view of the fact that petitioner name has come on the confessional statement of coaccused Ajit Das, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs. 20,000/- (Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Katihar in connection with Kadwa P.S.Case No. 191 of 202, on the following conditions: "(i) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court below and shall remain physically present, as directed by the

Patna High Court CR. MISC. No.54760 of 2021(2) dt.31-03-2022 3/3 court below, and on his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the court below.

(ii) If the petitioner tampers with the evidence or the witnesses, in that case the prosecution will be at liberty to move for cancellation of bail"

(Harish Kumar, J) N.K/- U T