Ankit Kumar Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.87462 of 2024 Arising Out of PS. Case No.-41 Year-2024 Thana- DARAUNDA District- Siwan ====================================================== Ankit Kumar Singh S/o Govind Singh @ Yogendra Singh Resident of villageSapan Vigrah, P.S.- Daraunda, Distt.- Siwan ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Dewanand Tiwari, Advocate For the Opposite Party/s :
Mrs. Shaheen Begum, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 20-12-2024 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner apprehends arrest in connection with Daraunda P.S. Case No. 41 of 2024, registered for the offences punishable under Section 392 of the Indian Penal Code.
3. The prosecution case, in short, is that, four unknown persons armed with pistol entered into the counter of C.S.P. and on the point of pistol looted Rs. 2,50,000/- from the counter along with some pass-books and Aadhar Cards. Thereafter, all the accused persons fled away riding on their motorcycles.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the
Patna High Court CR. MISC. No.87462 of 2024(2) dt.20-12-2024 2/3 present case. Learned counsel for the petitioner also submits that neither the petitioner was present at the place of occurrence, nor the petitioner is named in the FIR. Name of the petitioner has transpired in this case on the basis of confessional statement made by co-accused, namely, Prithvi Kumar and the same has got no evidentiary value. The petitioner has got five criminal antecedents. Learned counsel for the petitioner further submits that similarly situated co-accused has been granted regular bail by this Court vide order dated 04.09.2024 passed in Cr. Misc. No. 61595 of 2024.
5. Learned APP for the State has vehemently opposed the prayer for grant of bail to the petitioner. It is further submitted that witnesses have supported that prosecution case and the petitioner has got five criminal antecedents. Hence, the petitioner does not deserve the privilege of anticipatory bail.
6. Considering the aforesaid facts and circumstances of the case, nature and gravity of the offence and criminal antecedents of the petitioner, this Court is not inclined to grant anticipatory bail to the petitioner.
7. The prayer is rejected. However, the petitioner is directed to surrender in the Court below and pray for regular bail. If any such application is filed, the Court below shall
Patna High Court CR. MISC. No.87462 of 2024(2) dt.20-12-2024 3/3 consider and dispose of the same on its own merit without being prejudiced by this order.
(Rudra Prakash Mishra, J) Rajorshi/- U T