Ankit Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.89126 of 2024 Arising Out of PS. Case No.-235 Year-2024 Thana- BEGUSARAI TOWN District- Begusarai ====================================================== Ankit Kumar S/O Rajaram Paswan Resident Of Village - Bhawanandpur, Ward No- 5, Panapur, P.S- Birpur, Dist- Begusarai. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Nidhi Anand, Advocate :
Ms. Suruchi Anand, Advocate For the Opposite Party/s :
Mr. Uma Shankar Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 08-01-2025 Heard Mr. Nidhi Anand, learned counsel for the petitioner and Mr. Uma Shankar Prasad Singh, learned Additional Public Prosecutor for the State.
2. The petitioner is apprehending his arrest in connection with Begusarai Town P.S. Case No. 235 of 2024, F.I.R. dated 04.05.2024 for the offences punishable under Sections 25(1-A), 26 & 35 of the Arms Act, 1959.
3. The case relates to recovery of carbain and cartridges.
4. Learned counsel for the petitioner submits that petitioner has clean antecedent and he has falsely been implicated in the present case. He further submits that it appears from the FIR itself that the recovery have been made from the
Patna High Court CR. MISC. No.89126 of 2024(2) dt.08-01-2025 2/3 possession of the co-accused persons, namely, Mannu Kumar and Ravi Kishan and the petitioner has no concern at all with the alleged recovery or the co-accused persons. He further submits that on the basis of the disclosure made by the apprehended coaccused persons the name of the petitioner has been transpired in the present case.
5. Learned Additional Public Prosecutor for the State, on the other hand, has vehemently opposed the prayer for bail of the petitioner.
6. Considering the aforesaid facts that the petitioner has clean antecedent, nothing has been recovered from the conscious possession of the petitioner and he has been made accused in the present case on the basis of the disclosure made by the apprehended co-accused persons, let the petitioner, above named, in the event of arrest or surrender before the court below within a period of thirty days from the date of receipt of the order, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned C.J.M., Begusarai in connection with Begusarai Town P.S. Case No. 235 of 2024, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure/under Section 482(2) of the BNSS, 2023
Patna High Court CR. MISC. No.89126 of 2024(2) dt.08-01-2025 3/3 and with other following conditions:- i. Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the court and on his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the Court below. ii. If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.
iii. And further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.
(Rajesh Kumar Verma, J) ajay/- U T