Patna High CourtCR. MISC./81652/2024bail granted

Ankit Kumar v. The State Of Bihar

2024-12-04Mr. Justice Jitendra Kumar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.81652 of 2024 Arising Out of PS. Case No.-339 Year-2024 Thana- PUPRI District- Sitamarhi ====================================================== Ankit Kumar S/o Lal Babu Singh R/O village - Bachopatti Got ward no. -16, P.S. - Bajpatti, Dist. - Sitamarhi ... ... Petitioner

Versus

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

For the Petitioner :

Mr. Santosh Kumar, Advocate For the State :

Mr. Anita Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA KUMAR ORAL ORDER 04-12-2024 Heard Ld. counsel for the petitioner and Ld. APP for the State.

2. The petitioner seeks anticipatory bail, apprehending his arrest, in connection with Pupri P.S. Case No. 339 of 2024 dated 19.08.2024, registered for the offences punishable under Sections 317(5), 3(5) of the Bharatiya Nyaya Sanhita and 25(1b)(a), 26 & 35 of the Arms Act.

3. As per the allegation, the accused, Nitish Kumar and Sonelal Kumar were found to be with the stolen property as well as the illegal arms and in the confessional statement, name of the Petitioner has also transpired.

4. However, Ld. counsel for the petitioner submits that the Petitioner is innocent and has falsely been implicated in this case. He further submits that he was neither present on the

Patna High Court CR. MISC. No.81652 of 2024(2) dt.04-12-2024 2/3 place of occurrence nor was any way connected with the alleged offence. He also submits that the whole case is based only on suspicion and nothing has been recovered from the possession of the Petitioner.

5. It is also stated in paragraph no. 2 of the bail petition that the petitioner has not moved this Court earlier either for anticipatory bail or regular one in the instant case.

6. It has further been stated paragraph no.3 of the bail petition that the petitioner has no criminal antecedents.

7. However, Ld. APP for the State vehemently opposes the prayer of the Petitioner for bail.

8. Considering the aforesaid facts and circumstances, this petition is allowed, directing the petitioner, above-named, to be enlarged on bail, in the event of his arrest or surrender before the court below within a period of eight weeks from the date of receipt / production of a copy of this order, 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 Ld. S.D.J.M, Pupri, Sitamarhi in connection with Pupri P.S. Case No. 339 of 2024, subject to the conditions as laid down under Section 438 (2) Cr.P.C. and on the following conditions:

Patna High Court CR. MISC. No.81652 of 2024(2) dt.04-12-2024 3/3 (i) In case, it is brought to the notice of the court below that the petitioner has any criminal antecedents, Ld. court below shall cancel the bail bonds of the petitioner after hearing him and getting satisfied that the petitioner has concealed his criminal antecedents despite his knowledge of the same. (ii) In case, it is brought to the notice of the court below that statement regarding previous bail petition is wrong, Ld. court below shall cancel the bail bonds of the petitioner. (Jitendra Kumar, J.) Chandan/- U T