Patna High CourtCR. MISC./77374/2023bail granted

Ankit Kumar v. The State Of Bihar

2023-12-05Mr. Justice R. P. Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.77374 of 2023 Arising Out of PS. Case No.-216 Year-2022 Thana- BIHPUR District- Bhagalpur ====================================================== ANKIT KUMAR Son of Mukesh Kumar @ Hira Kuwar R/o vill - Sonbarsha, P.S. - Bihpur, Distt. - Bhagalpur ... ... Petitioner

Versus

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

For the Petitioner/s :

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

Mr.Ram Naresh Ray, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 05-12-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in Bihpur P.S. case No. 216 of 2022 instituted for the offences under Sections 394 of the Indian Penal Code.

3. Prosecution allegation, in short, is that the while the informant proceeded from the house on motorcycle, two persons intercepted him and assaulted him and thereafter looted the motorcycle of the petitioner on gun point.

4. It has been submitted on behalf of the petitioner that the petitioner is in custody since 10.08.2023 and has four criminal antecedents in which he is on bail. The petitioner has falsely been implicated in the present case. The petitioner is not

Patna High Court CR. MISC. No.77374 of 2023(2) dt.05-12-2023 2/2 named in the F.I.R. Learned counsel for the petitioner submits that the name of the petitioner has transpired on the basis of confessional statement of co-accused Rajeev Chaudhary. The petitioner has not been put on T.I.P. to ascertain his participation in the present case. No incriminating article has been recovered from the conscious possession of the petitioner.

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 and 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 Bihpur P.S. case No. 216 of 2022.

(Rudra Prakash Mishra, J) Pankaj/- U T