Ankit Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.62582 of 2023 Arising Out of PS. Case No.-423 Year-2022 Thana- ROSERA District- Samastipur ====================================================== ANKIT KUMAR SON OF RAJESH KUMAR CHAUDHARY RESIDENT OF VILLAGE- AHIYAPUR WARD NO. 5, PS- MANSURCHAK, DISTBEGUSARAI ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Neeraj Kumar For the Opposite Party/s :
Mr.Murli Dhar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 22-09-2023 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner has prayed for regular bail in a case instituted for the offence under Sections 414/34 of the Indian Penal Code and Sections 25(1-b)a, 26(1) and 35 of the Arms Act.
3. As per prosecution case, on receiving secret information that some miscreants are assembled and planned to commit a crime, thereafter the police party reached there and there has been recovery of incriminating weapons and cash from other co-accused persons.
4. It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. He has
Patna High Court CR. MISC. No.62582 of 2023(2) dt.22-09-2023 2/3 committed no offence. Petitioner has not apprehended on spot. The name of the petitioner has come into light on the basis of confessional statement of co-accused Raja Kumar, which has got no evidentiary value in the eyes of law. He submitted that the as alleged cash/incriminating article have been recovered from co-accused Raja Kumar and Mahesh Kumar respectively not from this petitioner. No incriminating/looted articles have been recovered from the conscious possession of the petitioner. No T.I. Parade has been done. Only on the basis of suspicion, petitioner has implicated in the present case. by the police due to his criminal antecedents. He further submitted that the other co-accused has already been granted bail by a Co-ordinate Bench vide order dated 24.06.2023 passed in Cr. Misc. No. 33463 of 2023. He is languishing in judicial custody since 13.12.2022.
5. The application for bail is opposed by learned APP for the State.
6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as period of custody, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand
Patna High Court CR. MISC. No.62582 of 2023(2) dt.22-09-2023 3/3 only) with two sureties of the like amount each to the satisfaction of the learned Court below in connection with Rosera P.S. Case No. 423 of 2022.
(Sunil Kumar Panwar, J) arish/- U T