Ankit Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.72967 of 2024 Arising Out of PS. Case No.-214 Year-2022 Thana- BARIYARPUR District- Munger ====================================================== Ankit Kumar Son of Pappu Singh R/O village - Bhalar, P.S.- Dharhara, District - Munger ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Arvind Kumar Singh, Advocate For the Opposite Party/s :

Mr. Shaheen Begum, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 04-10-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Bariyarpur P.S. Case No. 214 of 2022 instituted for the offences under Sections 364, 34, 302, 120B of the Indian Penal Code.

3. Prosecution case, in short, is that on 27.12.2022 at about 4.30 PM, the husband of the informant left the house to roam around but never returned, hence, the informant's family inquired and found that informant's husband was seen with coaccused on four-wheeler. It is alleged that owner of the vehicle have kidnapped the informant's husband with intention to kill.

4. Learned counsel for the petitioner submitted that the petitioner has falsely been implicated in the present case. Petitioner is not named in the F.I.R. The name of the petitioner transpired in this case on the basis of confessional statement of

Patna High Court CR. MISC. No.72967 of 2024(2) dt.04-10-2024 2/2 the co-accused namely, Jitendra Kumar @ Jitendra Kumar Choudhary who has already been granted bail by co-ordinate Bench of this Court vide order dated 09.08.2023 passed in Cr. Misc. No. 29014 of 2023. Charge-sheet has been submitted in this case. It has been submitted on behalf of the petitioner that the petitioner is in custody since 01.05.2024 and has one criminal antecedent.

5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.

6. Considering the aforesaid facts and circumstances of the case, claim based on parity as also the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.

7. Let the petitioner be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Bariyarpur P.S. Case No. 214 of 2022.

(Rudra Prakash Mishra, J) Alok Verma/- U T