Ankit Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.49964 of 2019 Arising Out of PS. Case No.-292 Year-2019 Thana- BHAGALPUR KOTWALI DistrictBhagalpur ====================================================== Ankit Kumar Son of Ajay Yadav @ Ajay Pd. Yadav Resident of Village - Bari Khanjarpur, P.S.- Barari, District - Bhagalpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Dhananjay Kumar Gupta For the Opposite Party/s :

Mr.Umeshanand Pandit ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 27-09-2019 Heard the learned counsel for the petitioner and the learned APP for the State.

The petitioner seeks regular bail in connection with Kotwali (Tilkamanjhi) PS case no. 292 of 2019 instituted for the offences punishable under Sections 302, 307 and other sections of Indian Penal Code.

The allegation is regarding the accused persons having assaulted the deceased leading to his death, on account of fight having taken place in between the prosecution party and the accused persons.

The learned counsel for the petitioner has submitted that the petitioner is a young student and has not committed any crime. It is further submitted that there is no eye- witness in the present case and the petitioner has been apprehended merely on suspicion by the police party and

Patna High Court CR. MISC. No.49964 of 2019(3) dt.27-09-2019 2/2 confessional statement has been recorded forcibly. It is further submitted that even otherwise, a bare perusal of the case diary would show that there is no circumstantial evidence in order to connect the petitioner with the alleged crime. It is also submitted that the petitioner is languishing in custody since 07.05.2019 and he is having a clean antecedent. Having regard to the facts and circumstances of the case, the abovenamed petitioner is directed to be released on regular bail on furnishing bail bond of Rs. 10,000/- (Rs. Ten thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Bhagalpur in connection with Kotwali (Tilkamanjhi) PS case no. 292 of 2019.

It is further directed that the petitioner shall mark his presence before the officer-in-charge of the concerned police station at 10 am on every Monday and in case of failure to do so on two consecutive occasions, the present privilege of bail shall stand cancelled automatically and the petitioner would be taken into custody forwith.

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