Ankit Kumar Vs the State of Bihar — Patna HC (2025) — LawSathi Research

Ankit Kumar Vs the State of Bihar — Patna HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Regular bail granted: petitioner to be enlarged on bail on furnishing a bail bond of Rs. 20,000/- (Rupees Twenty Thousand Only) with two sureties of the like amount each, to the satisfaction of the learned Judicial Magistrate 1st Class, Kahgaria (sic, Khagaria), in connection with Beldaur P.S. Case No. 204 of 2023.

Issue for consideration

Whether the petitioner should be granted regular bail in connection with Beldaur P.S. Case No. 204 of 2023, registered for the offence punishable under Section 392 of the Indian Penal Code.

Court's answer

Considering the facts and circumstances of the case and the petitioner's period of custody, the Court directed that the petitioner be enlarged on bail on furnishing a bail bond of Rs. 20,000/- with two sureties of the like amount each, to the satisfaction of the learned Judicial Magistrate 1st Class, Kahgaria (sic, Khagaria), in connection with Beldaur P.S. Case No. 204 of 2023.

Ratio / Principle

The bail application stands allowed.

Detailed headnote1 paragraphs

Bail — granted. Ankit Kumar, accused in Beldaur P.S. Case No. 204 of 2023 (offence under Section 392 IPC — allegation that four unknown persons assaulted the informant returning from a bank and snatched his helmet, mobile and a bag containing the key of the bank safe), in custody since 25.06.2024 and stated to have two criminal antecedents, was enlarged on regular bail by the Patna High Court (Chandra Prakash Singh, J.) on furnishing a bail bond of Rs. 20,000/- with two sureties of the like amount each, to the satisfaction of the Judicial Magistrate 1st Class, Khagaria. Defence submissions recorded included that the petitioner was not named in the F.I.R., his name transpired during investigation, his confessional statement before the police had no evidentiary value, nothing was recovered from his conscious possession and no test identification parade had been conducted; the learned A.P.P. opposed the bail petition. The order rests on the facts and circumstances of the case and the period of custody; no precedent is cited and no principle of law is laid down beyond the grant of bail.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.15990 of 2025

Arising Out of PS. Case No.-204 Year-2023 Thana- BELDOUR District- Khagaria

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

Ankit Kumar Son of Rajendra Ram, Resident of Village - Mahinath Nagar, P.S. - Beldaur, District - Khagaria.

... ... Petitioner Versus The State of Bihar ... ... Opposite Party ====================================================== Appearance : For the Petitioner : Mr. Rahul Singh, Advocate For the Opposite Party : Mr. Madhura Nand Jha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH

ORAL ORDER

2 21-04-2025

Heard learned counsel for the petitioner and learned

A.P.P. for the State.

The petitioner has preferred this application for grant of regular bail in connection with Beldaur P.S. Case No. 204 of 2023, dated 07.08.2023 registered for the offence punishable under Section 392 of the Indian Penal Code.

As per the prosecution case, while the informant was returning from bank, four unknown persons stopped him and started assaulting him. It is further alleged that they snatched his helmet, mobile and a bag containing key of bank safe and fled away.

Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. There is general and omnibus allegation against the petitioner. The petitioner is not named in the F.I.R. and name of

Patna High Court CR. MISC. No.15990 of 2025(2) dt.21-04-2025 2/2

petitioner transpired during investigation. He has further submitted that the confessional state of the petitioner was recorded before the police which has no evidentiary value. Nothing has been recovered from the conscious possession of the petitioner and no test identification parade of the petitioner has been conducted by the prosecution as yet. The petitioner has two criminal antecedents as stated in paragraph no. 3 of the bail petition. The petitioner is in custody since 25.06.2024.

Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

Considering the aforesaid facts and circumstances of the case as well as petitioner’s period of custody, the petitioner, above-named, is directed to be enlarged on bail on furnishing bailbond of Rs. 20,000/- (Rupees Twenty Thousand Only) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate 1^st Class, Kahgaria, in connection with Beldaur P.S. Case No. 204 of 2023 .

The application stands allowed.

(Chandra Prakash Singh, J)

Shahnawaz/-