Patna High CourtCR. MISC./77168/2024bail granted

Ankush Kumar v. The State Of Bihar

2024-10-26Mr. Justice R. P. Mishra3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.77168 of 2024 Arising Out of PS. Case No.-464 Year-2024 Thana- LAKHISARAI District- Lakhisarai ====================================================== Ankush Kumar S/o- Pramod Singh Village- Rampur PS-Surajgarha DisttLakhisarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Parmanand Pd. Nr. Sahi, Adv.

For the Opposite Party/s :

Mr.Arun Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 26-10-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Lakhisarai P.S. Case No. 464 of 2024 instituted for the offences under Section 309(4) of the Bhartiya Nyaya Sanhita, 2023.

3. As per prosecution case, while the Informant was returning after prayer, an unknown thief snatched the gold chain from her neck behind Pragya Vidya Bihar School. It is alleged that the video of the incident also got captured in the CCTV camera.

4. Learned counsel for the petitioner submits that

Patna High Court CR. MISC. No.77168 of 2024(2) dt.26-10-2024 2/3 the petitioner is innocent and has committed no offence as alleged against him and has falsely been implicated in the present case. The petitioner is not named in the F.I.R. and nothing incriminating has been recovered from the conscious possession of the petitioner or from his house. He further submits that except confessional statement of the petitioner, there is nothing against the petitioner. The confessional statement before the police has no legs to stand in the eye of law. The petitioner has no concern with the alleged occurrence. The petitioner has no criminal antecedent and is languishing in judicial custody since 24.07.2024 without any rhymes or reason. No T.I.P. has been held in this case till today. Charge-sheet has been submitted against the petitioner under Sections 317(2), 317(5) and Section 309(4) of the Bhartiya Nyaya Sanhita, 2023.

5. On the other hand, learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.

6. Having heard rival contention of both the parties and considering the entire facts and circumstances of the

Patna High Court CR. MISC. No.77168 of 2024(2) dt.26-10-2024 3/3 case as also taking into account the period of custody of the petitioner and the petitioner having no criminal antecedent, let the petitioner, abovenamed, 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 Lakhisarai P.S. Case No. 464 of 2024.

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