Patna High CourtCR. MISC./61332/2023bail granted

Ankit Kumar v. The State Of Bihar

2023-09-12Mr. Justice Chandra Prakash Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.61332 of 2023 Arising Out of PS. Case No.-684 Year-2022 Thana- BEGUSARAI TOWN District- Begusarai ====================================================== Ankit Kumar Son Of Vijay Singh @ Bijay Singh Resident Of VillageRamdiri, Nakti Tola, P.S.-Matihani, District-Begusarai. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sandip Kumar Gautam, Advocate For the Opposite Party/s :

Mr. Ganesh Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 12-09-2023 Learned counsel for the petitioner is permitted to remove defect (s), as pointed out by the office, if any, within a period of four weeks.

2. Heard learned counsel for the petitioner and learned A.P.P for the State.

3. The petitioner has preferred this application for grant of regular bail in connection with Town P.S. Case No. 684 of 2022 dated 14.11.2022 registered for the offences punishable u/s 398, 307 and 302 read with section 34 of the Indian Penal Code and section 27 of the Arms Act.

4. As per the prosecution case, three miscreants holding weapons came and exploded bomb on the informant's shop. During committing robbery, one of the co-accused fired

Patna High Court CR. MISC. No.61332 of 2023(2) dt.12-09-2023 2/3 on Ram Sumaran Singh, a private guard of nearby shop which hit his abdomen and they fled away after leaving money.

5. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. The petitioner is not named in the FIR. The name of the petitioner has sprung up in the confessional statement of the co-accused, Sonu Kumar and Principal Kumar. The co-accused Principal Kumar in his confessional statement has stated that the petitioner fired on the guard which has no evidentiary value. No TIP has been conducted by the prosecution. Charge sheet has already been submitted. Nothing has been recovered from the conscious possession of the petitioner. The petitioner has clean antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 17.05.2023.

6. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

7. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, 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, Begusarai in connection with Town P.S. Case No.

Patna High Court CR. MISC. No.61332 of 2023(2) dt.12-09-2023 3/3 684 of 2022.

8. The application stands allowed.

(Chandra Prakash Singh, J) guddukr/- U T