Ankit Kumar Jha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.49778 of 2022 Arising Out of PS. Case No.-98 Year-2021 Thana- SARAI RANJAN District- Samastipur ====================================================== Ankit Kumar Jha S/O- Rajesh Kumar Jha Resident Of Village- Jhakhra, P.S.- Sarai Ranjan, District- Samastipur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Saket Kumar For the Opposite Party/s :

Mr.Arun Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 01-02-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has filed the instant application for grant of regular bail in a case registered for the offences punishable under Section 302/34 of the Indian Penal Code and Section 27 of the Arms Act.

As per allegation in the F.I.R., while the informant was having dinner, her niece told that petitioner has called her and she went with the petitioner on motorcycle. It is further alleged that after a while, informant got information through one Mr. Harishchandra Rai that her niece has been murdered.

Patna High Court CR. MISC. No.49778 of 2022(3) dt.01-02-2023 2/3 It is submitted by learned counsel for the petitioner that the petitioner is innocent and he has falsely been implicated in the present case. It is also submitted that neither there is any eye witness of the alleged occurrence nor anybody has seen the petitioner with the deceased. Petitioner was not present on the village or locality on that very date. He has gone to Nashik(Maharashtra). There is no direct and consistent evidence in respect of involvement of petitioner in the murder of the deceased. It is also submitted that C.D.R. of the mobile used in offence is not concerned with the petitioner. The call details relate to other co-accused, namely, Ramanand Rai. Moreover, the petitioner is languishing in judicial custody since 24.04.2022. Learned APP appearing for the State has vehemently opposed the prayer for Bail.

Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case, this Court is inclined to

Patna High Court CR. MISC. No.49778 of 2022(3) dt.01-02-2023 3/3 enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail in connection with Sarairanjan P.S. Case No. 98 of 2021 on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned A.C.J.M. III, Samastipur.

(Sunil Kumar Panwar, J) nirajkrs/- U T