Ankit Kumar @ Ankit Yadav @ Ankit Choubey v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.75882 of 2018 Arising Out of PS. Case No.-566 Year-2018 Thana- KATIHAR District- Katihar ====================================================== Ankit Kumar @ Ankit Yadav @ Ankit Choubey Son of Vijay Kumar Resident of Mohallah-Power house road,P.S. Katihar,Distt-Katihar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bimal Kumar For the Opposite Party/s :

Ms. Sucheta Yadav ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 09-01-2019 Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State.

This application, for grant of anticipatory bail, arises out of Katihar Nagar Sahayak Police Station Case No. 566 of 2018, disclosing offences under Section 414 of the Indian Penal Code.

The case of the prosecution is that on the basis of a secret information, one motorcycle was recovered without having any registration number. There were altogether seven persons around the said motorcycle. On seeing the police party, they started fleeing away. Four of them were apprehended. The persons, who were apprehended, are said to have disclosed the name of this petitioner and two others, who were involved in the alleged crime.

Learned Counsel for the petitioner submits that

Patna High Court Cr.Misc. No.75882 of 2018(3) dt.09-01-2019 2/2 evidently, there being no recovery from the petitioner's possession and his implication is based on so-called disclosure made by the apprehended persons.

Considering the above submissions, this application is allowed.

Let the petitioner, Ankit Kumar @ Ankit Yadav @ Ankit Choubey, in the event of his arrest or surrender before the Court below within six weeks, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Katihar, in connection with Katihar Nagar Sahayak Police Station Case No. 566 of 2018, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.

This is subject to the condition that the petitioner shall present himself before the police/Court, as the case may be, as and when required and in the event of failure on his part to appear before the Court on two consecutive occasions, his bail bond shall be liable to be cancelled.

(Chakradhari Sharan Singh, J.) ragini/- U √ T √