Ankesh Kumar @ Mikal v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.63228 of 2024 Arising Out of PS. Case No.-1 Year-2024 Thana- BAHERA District- Darbhanga ====================================================== Ankesh Kumar @ Mikal S/O Jawahar Razak @ Bhushan Rajak R/O VillageSimri, P.S- Vidyapati Nagar, Distt.- Samastipur. ... ... Petitioner/s
Versus
The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Satyaveer Jha For the Opposite Party/s :
Mr. Uday Pratap Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 25-09-2024 Heard learned counsel for the petitioner and learned A.P.P for the State.
2. The petitioner has preferred this application for grant of regular bail in connection with Bahera P.S. Case No. 01 of 2024 dated 01.01.2024 registered for the offences punishable u/s 25(1-B)a, 26, 35 of the Arms Act.
3. As per the prosecution case, police stopped an Apache motorcycle which was being driven by the petitioner and on search, a loaded country made pistol and a live cartridge were recovered from his possession and a live cartridge, a mobile phone and Rs. 1500/- in cash were recovered from the possession of the co-accused Sumit Kumar.
Patna High Court CR. MISC. No.63228 of 2024(2) dt.25-09-2024 2/3
4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. Nothing has been recovered from the conscious possession of the petitioner. The petitioner has no concern with the alleged recovery. The petitioner has ten criminal antecedents as stated in para 3 of the bail petition. The petitioner is in custody since 01.01.2024. Similarly situated co-accused has already been granted regular bail by this court vide order dated 28.08.2024 passed in Cr. Misc No. 58537 of 2024.
5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.
6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner above-named, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Benipur, Darbhanga in connection with Bahera P.S. Case No. 01 of 2024, with the following condition/s:- (i). The petitioner is directed to remain physically present before the learned Court below on each and every
Patna High Court CR. MISC. No.63228 of 2024(2) dt.25-09-2024 3/3 date, failing which on two consecutive dates without reasonable cause, the bail bond of the petitioner is liable to cancelled.
7. The application stands allowed.
(Chandra Prakash Singh, J) guddukr/- U T