Ankit Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.25772 of 2018 Arising Out of PS. Case No.-409 Year-2017 Thana- CHAPRA MUFFASIL District- Saran ====================================================== Ankit Singh, Son of Basant Singh @ Basant Kumar Singh, Resident of Village- Shekhpura Dih, P.S.- Amnour, District- Saran at Chapra. ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Dewendra Narayan Singh For the Opposite Party/s :

Mr. Md. Nazir Ansari ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 18-05-2018 Heard the learned counsel for the petitioner and the State.

The petitioner seeks bail in connection with Chapra Muffasil P.S. Case No. 409 of 2017 dated 19.12.2017 instituted for the offences under Sections 379 and 411 of the Indian Penal Code.

The motorcycle of the informant was stolen a day before lodging of the present case. While the informant was going to lodge the case regarding the theft of his motorcycle, he and other members of his family spotted his motorcycle being driven by three unknown persons. On chase, the riders of the motorcycle fell down. One such person was arrested who is the petitioner. An attempt was made to effect escape by brandishing knife. The identity of the other two persons

Patna High Court Cr.Misc. No.25772 of 2018(3) dt.18-05-2018 2/2 were also disclosed before the informant and others. Learned counsel for the petitioner has submitted that though in the FIR, it has been shown that the petitioner was arrested on chase while he was riding the stolen motorcycle along with two other persons but the fact of the matter is that the petitioner was only a traveller and was arrested on mistaken identity. It has further been submitted that the petitioner is a regular student. On that day, he had to go to railway station and while the crossing the place where he is said to have been intercepted, such an occurrence had taken place. The petitioner does not have any criminal antecedent and is in custody since 19.12.2017.

Regard being had to the fact that the petitioner is a student and has remained in jail for six months he is directed to be released on bail on his furnishing bail bonds in the sum of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate, Saran at Chapra in connection with Chapra Muffassil P.S. Case No. 409 of 2017.

(Ashutosh Kumar, J) krishna/- U T