Anil Kumar @ Bittu v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.66578 of 2022 Arising Out of PS. Case No.-68 Year-2022 Thana- KANKARBAG District- Patna ====================================================== Anil Kumar @ Bittu S/O Late Kameshwar Pd. Singh @ Late Kameshwar Yadav @ Kamleshwar Yadav R/O Utari Mandiri Dwarika School ke Samip, P.S- Budha Coloney, District- Patna, Bihar ... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ravi Shankar Pathak, Adv.
For the Opposite Party/s :
Mr. Madan Kumar, APP.
====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 03-03-2023 Let the defects, if any, pointed out by the office be removed within three weeks from the date of this order, failing which the matter be listed again under the appropriate heading for necessary action.
Heard learned counsel for the petitioner and the learned APP for the State.
Petitioner seeks regular bail in connection with Kankarbagh P.S. Case No. 68 of 2022 registered for the offences punishable under Sections 341, 387, 506, 307, 326/34 of the Indian Penal Code and 27 of Arms Act.
As per the prosecution, the informant alleged that this petitioner along with co-accused persons demanded extortion of of rupees twenty lac by brandishing their weapon and also opened fire at the informant.
The main submissions advanced by petitioner's
Patna High Court CR. MISC. No.66578 of 2022(2) dt.03-03-2023 2/2 counsel are that the petitioner has fair and clean antecedent and no any incriminating material has been recovered from his conscious possession and a land dispute is running in between both the parties and due to previous enmity as well as the petitioner being the father of the co-accused Nikhil Kumar, the petitioner has been made accused in the instant case. Further submission is that the co-accused Nikhil Kumar has been granted bail by a co-ordinate Bench of this Court vide order dated 03.01.2023 passed in Cr. Misc. No. 34101/2022 and he has been languishing in jail since 29.07.2022 and there is general and omnibus allegation against the petitioner. Learned APP appearing for the State has opposed the bail prayer.
Considering the aforesaid facts and mainly the petitioner's fair and clean antecedent and his custody period, in my opinion it is a fit case for bail to the petitioner. Accordingly, let the petitioner named-above be enlarged on bail on furnishing bail bond of Rs.10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of the Court concerned in connection with Kankarbagh P.S. Case No. 68 of 2022. (Shailendra Singh, J) annu/- U T