Aniket Kumar @ Ankit Kumar @ Ankit v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.6223 of 2021 Arising Out of PS. Case No.-626 Year-2020 Thana- KUDHNI District- Muzaffarpur ====================================================== Aniket Kumar @ Ankit Kumar @ Ankit S/o Rana Kumar Rana @ Rana Singh, R/o Vill- Mohanpur, P.S.- Kudhani, Distt- Muzaffarpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rajeev Ranjan No.II, Adv.

For the Opposite Party/s :

Mr. Yogendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 22-11-2021 Heard.

The petitioner apprehends his arrest in connection with Kurhani P.S. Case No. 626 of 2020 for the offence punishable under Sections 399m 402, 414, 120(B)/34 of the Indian Penal Code and Section 25(1-b)a, 26, 35 of the Arms ct. .

The allegation is regarding the informant, who is a police official, having received secret information that certain miscreants were hatching conspiracy to commit robbery, where-after the informant along with police force had arrived at the alleged place of occurrence from where one accused person was arrested and upon search, a loaded country made pistol was recovered from his waist and upon interrogation, he disclosed the name of other accused persons including the petitioner herein to be his accomplice.

Patna High Court CR. MISC. No.6223 of 2021(2) dt.22-11-2021 2/3 The learned counsel for the petitioner has submitted that the petitioner is innocent, has been falsely implicated in the present case and is having a clean antecedent. It is further submitted that merely on the basis of confessional statement of the co-accused person, namely, Sunny Kumar, the petitioner has been falsely implicated in the present case, whereas the fact is that neither the petitioner was present at the place of occurrence nor he has any relation with the said accused person, namely Sunny Kumar.

Having regard to the facts and circumstances of the case, considering the materials available on record as also the fact that the petitioner is having a clean antecedent and has been made an accused in the present case merely on the disclosure made by the co-accused person namely Sunny Kumar although there is no material on recod to connect the petitioner with the alleged occurrence, I deem it fit and proper to admit the petitioner to the privilege of anticipatory bail.

Accordingly, in the event of arrest or surrender before the learned court below within a period of four weeks from today, the petitioner, above-named, shall be enlarged on bail on furnishing bail bonds of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of the learned A.C.J.M.-1st (West), Muzaffarpur in connection with Kurhani P.S. Case No. 626 of 2020, subject

Patna High Court CR. MISC. No.6223 of 2021(2) dt.22-11-2021 3/3 to the conditions as laid down under Section 438(2) of the Cr. P.C.

(Mohit Kumar Shah, J) Tiwary/- U T