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Patna High CourtCR. MISC./2482/2024bail granted

Ankesh Kumar v. The State Of Bihar

2024-01-31Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.2482 of 2024 Arising Out of PS. Case No.-65 Year-2023 Thana- DUMARIYA District- Gaya ====================================================== ANKESH KUMAR, Son Of Manoj Prasad @ Ambuj Kumar, Resident Of Village- Ghaghar, Ps- Sherghati, Distt- Gaya ... ... Petitioner/s

Versus

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

For the Petitioner :

Mr. Anil Kumar Saxena, Advocate For the State :

Mr. Dinesh Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 31-01-2024 Heard learned counsels for the parties.

2. The petitioner apprehends his arrest in a case registered for the offence punishable under Sections 25(1-b)a, 26 and 35 of the Arms Act.

3. As per prosecution case, on the alleged date and time, the police intercepted one Pankaj Kumar and upon search a counter-made pistol was recovered from him. The said Pankaj Kumar disclosed the name of this petitioner as the one who fled away from the place of occurrence.

4. It is submitted by learned counsel appearing on behalf of the petitioner that except confessional statement of coaccused Pankaj Kumar who was apprehended at the spot, there is no other material on record to connect the petitioner with the alleged incident. No incriminating material has been recovered

Patna High Court CR. MISC. No.2482 of 2024(2) dt.31-01-2024 2/2 from the conscious possession of this petitioner. Petitioner claims clean antecedent.

5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of anticipatory bail.

6. Considering the aforesaid facts and circumstances and clean antecedents of the petitioner, the prayer for grant of anticipatory bail to the petitioner is allowed.

7. Accordingly, in the event of arrest/surrender within a period of six weeks from today, let the above named petitioner be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned J.M. 1st Class, Sherghati, Gaya, in connection with Dumariya P.S. Case No.65 of 2023, subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Singh, J) shashank/- U T