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Ankit Sharma @ Ankit Kumar @ Ankit Kumar Sharma v. The State of Bihar

Patna HC6 Sept 2024CR. MISC./15092/2024

Case brief

AI extract

What is this about?

Petitioner sought anticipatory bail in a murder case under Sections 302, 120-B IPC and Section 27 Arms Act. The court found implication arose only from suspicion based on prior threat and land dispute, noting a similarly situated co-accused had been granted anticipatory bail.

What did the court decide?

Petitioner directed to be released on bail in event of arrest or surrender within four weeks on Rs.10,000 bond with two like sureties.

Ankit Sharma @ Ankit Kumar @ Ankit Kumar Sharma… — Murder and Culpable Homicide | Patna HC (2024)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.15092 of 2024

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Arising Out of PS. Case No.-281 Year-2023 Thana- AMARPUR District- Banka

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======================================================

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Ankit Sharma @ Ankit Kumar @ Ankit Kumar Sharma, son of Nishikant Sharma, resident of Village-Mahouta P.S.- Amarpur, Dist- Banka

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... ... Petitioner

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Versus

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The State of Bihar ... ... Opposite Party ====================================================== Appearance : For the Petitioner/s : Mr. Yogesh Chandra Verma, Senior Advocate Mr. Brij Nandan Prasad, Advocate For the Opposite Party/s : Mr. Navin Kumar Pandey, APP ======================================================

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CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER

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6 06-09-2024

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Heard learned counsel for the petitioner and

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learned Additional Public Prosecutor for the State.

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The accused/petitioner is named in the FIR and

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apprehending his arrest in connection with Amarpur P.S. Case No.281 of 2023 registered under Sections 302, 120-B

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of the Indian Penal Code and Section 27 of the Arms Act.

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Allegation against the petitioner is to commit

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the murder of son of informant along with other co-accused persons due to previous enmity.

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It is submitted by Mr. Yogesh Chandra

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Verma, learned senior counsel that from the perusal of FIR,

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the maximum allegation against the petitioner appears to

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advance threat prior to this occurrence to the deceased son

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Patna High Court CR. MISC. No.15092 of 2024(6) dt.06-09-2024 2/3

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of informant. Learned senior counsel submitted that the allegation is limited with “last seen” which is available against co-accused Chandra Shekhar Singh and Sanjay Sao and even allegation of “last seen” is not available against this petitioner. Moreover, during course of investigation, wife of deceased gave an application to the Investigating Officer of this case stating thereof that accused-petitioner is of no concern with murder of her husband and he appears implicated out of ignorance of her father-in-law, who is the informant of this case. It is further submitted by Mr. Verma that similarly situated co-accused namely, Mithun Pathak @ Mithun Kumar Pathak has already been granted anticipatory bail by this Court vide order dated 20.02.2024 passed in Cr. Misc. No.8716 of 2024. While concluding argument, it is submitted that petitioner is a man of clean antecedent.

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Learned APP opposes the prayer of bail.

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In view of aforesaid facts and circumstances,

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as it appears prima facie that implication of this petitioner in present case is out of suspicion arises from threat and land dispute only, accordingly, the petitioner, above-named, is

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Patna High Court CR. MISC. No.15092 of 2024(6) dt.06-09-2024 3/3

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directed to be released on bail in the event of his arrest or surrender in the court below within a period of four weeks from today, on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Banka in connection with Amarpur P.S. Case No.281 of 2023, subject to the conditions as laid down under Section 438(2) of the CrPC/under Section 482(2) of the BNSS.

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(Chandra Shekhar Jha, J.)

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Sanjeet/-

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U T

Ankit Sharma @ Ankit Kumar @ Ankit Kumar Sharma v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Ankit Sharma @ Ankit Kumar @ Ankit Kumar Sharma v. The State of Bihar

Case brief

What is this about?

What did the court decide?

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