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Patna High CourtCR. MISC./2305/2020rejected

Bacha Yadav @ Bacha Roy v. The State Of Bihar

2020-07-09Mr. Justice Birendra Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.2305 of 2020 Arising Out of PS. Case No.-211 Year-2019 Thana- BAIKUNTHPUR District- Gopalganj ====================================================== 1.

Bacha Yadav @ Bacha Roy Son of Bikrama Roy 2.

Bhagwan Kumar Yadav @ Shri Bhagwan Roy Son of Bhulan Roy Both are Resident of Village - Pakhaha, P.S.- Baikunthpur, Distt - Gopalganj. ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Rajani Ranjan Pd. Singh, Advocate For the Opposite Party/s :

Ms.Asha Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 09-07-2020 This matter has been taken up through Video Conferencing.

Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

The petitioners are apprehending their arrest in connection with Baikunthpur P.S. Case No.211 of 2019, registered for the offences punishable under Section 379 of the Indian Penal Code.

Three unknown persons robbed to the informant. Name of the petitioners surfaced in the confessional statement of co-accused. Thereafter the police seized the motorcycle of the petitioner saying that the said motorcycle was used in commission of the crime.

Patna High Court CR. MISC. No.2305 of 2020(6) dt.09-07-2020 2/2 Submission is that there is no direct material against the petitioners. The petitioners have stated on oath that they have got no criminal antecedent.

Considering the nature of allegation, interrogation of the petitioners by the police would be necessary besides Test Identification Parade. Hence, this is not a fit case for anticipatory bail. Accordingly, the prayer for anticipatory bail is refused. The petitioners may surrender and pray for regular bail. (Birendra Kumar, J) Mkr./- U T