Suraj Prasad Bind @ Suraj Bind v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.2229 of 2020 Arising Out of PS. Case No.-609 Year-2019 Thana- BHABHUA District- Kaimur (Bhabua) ====================================================== SURAJ PRASAD BIND @ SURAJ BIND S/o Nagina Bind R/o VillageGoraipur, P.S.- Bhabua, District- Kaimur at Bhabua. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Tribhuwan Narayan, Adv.
For the Opposite Party/s :
Mr.Harendra Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 16-01-2020 Heard learned counsel for the petitioner and the learned APP for State.
Petitioner apprehends his arrest in connection with Bhabua P.S. Case No. 609 of 2019, G.R. No. 2156 of 2019 instituted for the offence under Section(s) 380 of the Indian Penal Code.
It is submitted by the petitioner's counsel that implication of the petitioner is on extraneous considerations. The prosecution story is that the petitioner along with two other accused persons were seeing coming out from the house of informant and 50,000/- Rs., some ornaments and articles have found to have been taken away by petitioner.
It is submitted by the petitioner's counsel that petitioner has clean antecedents and that because he is agnate of informant
Patna High Court CR. MISC. No.2229 of 2020(2) dt.16-01-2020 2/3 and there is a land dispute they have been implicated in the instant case. It is further submitted that there is no recovery from the petitioner's possession. It is also submitted that F.I.R. has been lodged after delay of two days from the alleged date of occurrence. In the circumstances, a prayer has been made for grant of anticipatory bail.
The learned APP for the State opposed the prayer for bail. Considering the aforesaid facts, prayer of the petitioner for grant of anticipatory bail is allowed. In the event of surrender/arrest of the petitioner, named above, before the Court below within four (04) weeks from today, he shall be released on anticipatory bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the CJM Kaimur at Bhabua, in connection with Bhabua P.S. Case No. 609 of 2019, G.R. No. 2156 of 2019, subject to the conditions as laid down under Section 438(2) Cr. P.C. subject to the following conditions:- (i) That one of the bailors will be a close relative of the petitioner who will give an affidavit giving genealogy as to how he is related with the petitioner. The bailor will also undertake to inform the Court if there is any change in the address of the petitioner.
Patna High Court CR. MISC. No.2229 of 2020(2) dt.16-01-2020 3/3 (ii) That the petitioner will be well represented on each date and if he fails to do so on two consecutive dates, his bail bond will be liable to be cancelled (Madhuresh Prasad, J) shyambihari/- U