Ankit Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.51331 of 2024 Arising Out of PS. Case No.-3 Year-2024 Thana- GORIAKOTHI District- Siwan ====================================================== Ankit Kumar Singh, Male, aged about 23 years, Son Of Ajit Singh, R/OVillage- Chhitauli Kala, P.S.- Goriyakothi, Distt.- Siwan. ... ... Petitioner

Versus

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

For the Petitioner :

Mr. Sanjay Kumar Singh, Advocate For the Opposite Party :

Mr. Chandra Sen Prasad Singh, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 12-08-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner seeks bail in connection with Goriya Kothi (Goreakothi) P.S. Case No. 03 of 2024 dated 04.01.2024 registered for the offences punishable under Sections 25(1)(b), 26 of the Arms Act and Sections 20(b)(ii) and 22 of the N.D.P.S. Act.

3. As per the prosecution case, one country made pistol alongwith one live cartridge and 6.680 mg., smack like substance kept in 40 pudiyas were recovered from the possession of the petitioner.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in

Patna High Court CR. MISC. No.51331 of 2024(2) dt.12-08-2024 2/3 this case. It is submitted that no incriminating article has been recovered from the conscious possession of the petitioner. The alleged recovered contraband i.e., 6.680 mg., (with paper) smack like substance is below the commercial quantity. It is further submitted that the real fact is that the petitioner was returning from his Fua's house and was standing near the Pahlejpur High School, Tinmuhani waiting the vehicle to reach his native village, in the meantime, police came there and asked him the reason for standing there for which hot exchange of words took place between them, as a result of which, police has falsely implicated the petitioner in the present case. The petitioner has five criminal antecedents and in one case he is on bail as stated in paragraph no. 3 of the bail petition. He is in custody in this case since 05.01.2024

5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner, above named, is directed to be enlarged on bail on furnishing bail bond of Rs. 20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Sessions Judge, Siwan in connection with Goriya Kothi (Goreakothi) P.S.

Patna High Court CR. MISC. No.51331 of 2024(2) dt.12-08-2024 3/3 Case No. 03 of 2024 with further condition:- (I) The petitioner is directed to remain physically present before the learned court below on each and every date, failing which on two consecutive dates without reasonable cause, the bail bonds of the petitioner are liable to be cancelled.

7. The application stands allowed.

(Chandra Prakash Singh, J) U.K./- U T