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2025 DAILYLAW 4121 (JHR)

ANKIT KARAN ALIAS ANKIT KARNA v. THE STATE OF JHARKHAND

B.A./791/2025 · 2025-02-07

Navneet Kumar

body2025

Judgment text

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IN THE HIGH COURT OF JHARKHAND AT RANCHI B.A. No. 791 of 2025 Ankit Karan @ Ankit Karna, aged about 27 years, Son of Yogeshwar Lal Karan, resident of 9, Subhash Path, Baridih Basti, Near Durga Puja Maidan, P.O. & P.S.- Baridih, Town- Jamshedpur, District- East Singhbhum. --- --- Petitioner Versus The State of Jharkhand --- --- Opposite Party ….... CORAM: HON’BLE MR. JUSTICE NAVNEET KUMAR For the Petitioner : Mr. Vikas Kumar, Advocate For the State : Mrs. Mohua Palit, A.P.P. 02/07.02.2025 Heard learned counsel for the petitioner and the learned A.P.P. representing the State. 2. Petitioner is an accused in connection Kadma P.S. Case No. 108 of 2024 corresponding to G.R. No. 1160 of 2024 for the offence registered under Section 305 and 331(4) of the B.N.S Act, 2023, pending in the court of learned Sub Divisional Judicial Magistrate, Jamshedpur. 3. It is submitted on behalf of the petitioner that the gist of allegation as narrated in the F.I.R is that on 01.07.2024 at about 10:00 P.M., theft was committed in the liquor shop of the informant situated near Marine Drive Green Park, Kadma, East Singhbhum. It is submitted that F.I.R. has been registered against unknown persons. It is further submitted that nothing incriminating has been recovered from the possession of the petitioner. Further, it has been pointed out that charge-sheet in this case has been submitted and, therefore, the possibility of tampering evidence is very remote. 4. It has been pointed out that similarly situated co-accused namely Raj Singh Kashyap @ Kodu @ Raj Singh @ Raj Singh Kahyap has been enlarged on bail by a co-ordinate Bench of this Court vide order dated 13.01.2025 passed in B.A. No. 59 of 2025. Petitioner is languishing in judicial custody since 05.09.2024 and, therefore, he deserves to be enlarged on bail. 5. On the other hand, learned A.P.P. appearing on behalf of the State has opposed the contentions raised by the petitioner and 2 submitted that petitioner has confessed his guilt. However, he did not controvert the fact that similarly situated co-accused namely Raj Singh Kashyap @ Kodu @ Raj Singh @ Raj Singh Kahyap has been enlarged on bail by a co-ordinate Bench of this Court vide order dated 13.01.2025 passed in B.A. No. 59 of 2025. 6. Having heard the parties, perused the record of the case. 7. In view of the persuasive submission advanced by the learned counsel for the petitioner and also the fact that one similarly situated co-accused has already been enlarged on bail, it is found just and proper to enlarge the petitioner on bail. 8. Accordingly, the petitioner named above is directed to be released on bail on furnishing of bail bond of Rs.25,000/- (Rupees Twenty Five thousand) with two sureties of the like amount each to the satisfaction of learned Sub Divisional Judicial Magistrate, Jamshedpur in connection with Kadma P.S. Case No. 108 of 2024 corresponding to G.R. No. 1160 of 2024, subject to the condition that petitioner will cooperate in the criminal proceeding pending in the court below and he will remain present on every and each date of the criminal trial, failing which, appropriate order shall be passed by the learned court below for cancellation of bail as per the provision of law. (Navneet Kumar, J.) A.Mohanty