Ankit Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No. 81212 of 2019 Arising Out of PS. Case No.-128 Year-2019 Thana- SANJHOLI District- Rohtas ====================================================== 1.
Ankit Kumar aged about 22 years Gender Male, Son of Jay Kumar Chaudhary R/Vill.- Mathurapur Tola, Basaura, P.S.- Sanjhauli, Dist- Rohtas. 2.
Timil @ Mukesh Kumar @ Timil Chaudhary aged about 21 years, Gender Male, Son of Surendra Chaudhary Resident of Ward No.06, P.S.- Sajhauli, District- Rohtas.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Abhinay Raj For the Opposite Party/s :
Mr. Uday Chand Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 2.
13-02-2020 Heard learned counsel for the parties.
The petitioners apprehend their arrest in Sanjhauli P.S. Case No. 128 of 2019 registered for the offence under Sections 147, 148, 149, 323, 324, 307, 506 of the Indian Penal Code and Section 27 of the Arms Act.
As per prosecution case, altogether 50-60 miscreants, including both petitioners, armed with deadly weapons, surrounded shops and house of the informant. It is alleged that they continuously made firing on the door of the informant.
It is submitted on behalf of petitioners that there is general and omnibus allegation and no specific overt act has been alleged against these petitioners. Petitioners have no criminal antecedent. It is further submitted that two similarly situated co-accused have already been granted bail by this
Patna High Court CR. MISC. No.81212 of 2019(2) dt.13-02-2020 2/2 Court, vide order dated 11-12-2019 passed in Cr.Misc. No. 81415 of 2019.
Considering the aforesaid facts and circumstances as well as nature of accusation, in the event of their arrest/surrender within a period of six weeks from today, let the above named petitioners be enlarged on bail on furnishing bailbonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, Bikramganj, Rohtas in connection with Sanjhauli P.S. Case No. 128 of 2019 on the following conditions:
"(1) Petitioners shall cooperate 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 their absence on two consecutive dates without sufficient reason, their bailbonds shall be cancelled by the Court below.
(2) If the petitioners tamper with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail."
(Prabhat Kumar Singh, J.) anay U T