Ankit Kumar Ray @ Babu @ Ankit Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.58142 of 2024 Arising Out of PS. Case No.-77 Year-2023 Thana- KISHANGANJ District- Kishanganj ====================================================== Ankit Kumar Ray @ Babu @ Ankit Kumar, aged about 20 years, Male, Son of Gopal Ray, Resident of Village- Dharamganj, Majhiya Road, P.S.- Kishanganj, District- Kishanganj. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rajeev Ranjan, Advocate For the Opposite Party/s :

Mr. Manoj Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 09-08-2024 Heard learned counsel for the petitioner and learned APP for the State.

2.

The petitioner seeks bail in a case registered for the offence under Section 379 of the Indian Penal Code.

3. As per allegation in the FIR, it is a case of theft of gold/silver items as well as cash of Rs.12,000/- of the informant by the accused persons. 4.

Learned counsel appearing on behalf of the petitioner submits that petitioner has falsely been implicated in this case and there is no recovery from the conscious possession of the petitioner. He next submits that the bail of the petitioner was rejected by the learned trial court due to petitioner having five criminal antecedent. Petitioner is in not named in the FIR

Patna High Court CR. MISC. No.58142 of 2024(2) dt.09-08-2024 2/2 and he is in custody since 09.05.2023. Similarly situated co-accused persons namely Raj Sharma @ Shiva Sharma @ Pochu Sharma, Ajay Kumar Paswan @ Ajay Paswan and Nehal Kumar Ray @ Nihal Kumar Ray have been granted bail by this Court and a Bench of this Court in Cr. Misc. Nos. 34296 of 2024 and 35917 of 2024 vide orders dated 14.05.2024 and 20.05.2024, respectively.

5.

Learned APP appearing for the State, opposes the prayer for bail of the petitioner. 6.

Considering the facts and circumstances and submissions made on behalf of the petitioner, let the petitioner, above named, is directed to be released on bail in connection with Kishanganj P.S. Case No. 77 of 2023 on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Kishanganj. (Ramesh Chand Malviya, J) Brajesh Kumar/- U T