Ankit Kumar @ Neeraj Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.70130 of 2022 Arising Out of PS. Case No.-775 Year-2022 Thana- NAWADA District- Nawada ====================================================== ANKIT KUMAR @ NEERAJ KUMAR SON OF DEONARAIN PRASAD R/O VILLAGE- JHARNA, P.S.- SIRDLA, DISTRICT- NAWADAH .. ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Virendra Kumar Ray For the Opposite Party/s :

Mr. Tarkeshwar Nath Thakur ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 25-04-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for bail in a case registered for the offence punishable under sections 395/412 of the Indian Penal Code.

As per allegation in the FIR, while the informant was coming with his iron loaded truck from Bokaro and reached near nawada, 5-6 accused persons, who were on Bolero, came there and intercepted his truck. On pistol point, two out of them fled away with his truck and remaining accused persons forced him to sit on their Boloro and drop the informant at Fatehpur Chowk. The informant informed this matter to his family members, transport company and then the FIR.

It is submitted by learned counsel for the petitioner

Patna High Court CR. MISC. No.70130 of 2022(4) dt.25-04-2023 2/3 that petitioner has been falsely implicated in this case. Neither the petitioner is named in the FIR nor he has been identified by the informant. No one is the eye witness of the alleged occurrence. No TIP of the petitioner has been done. On the basis of suspicion he was arrested. Polite took his signature on blank paper and the same was later on manufactured as self confessional statement by the police. Save and except his self confessional statement, nothing has come against he petitioner during investigation to show his complicity in the present case. Similarly situated other accused person has already been enlarged on bail by this Court vide order dated 7.4.2023 passed in Cr. Misc. No. 65222 of 2022.

Petitioner is languishing in judicial custody since 18.7.2022.

Learned APP appearing for the State has opposed the prayer of Bail.

Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned CJM,

Patna High Court CR. MISC. No.70130 of 2022(4) dt.25-04-2023 3/3 Nawadah in connection with Nawadah (Town) P.S. Case No. 775 of 2022.

(Sunil Kumar Panwar, J) sushma/- U