Suraj Madhopur @ Suraj Kumar @ Suraj Kumar Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.3099 of 2020 Arising Out of PS. Case No.-209 Year-2019 Thana- BAKHTIYARPUR District- Patna ====================================================== SURAJ MADHOPUR @ SURAJ KUMAR @ SURAJ KUMAR YADAV Son of Sonelal Yadav @ Sona Prasad Resident of Village-Madhopur, P.S.- Bakhtiarpur, Distt - Patna.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Manish Kumar No. 2 Mr. Arun For the Opposite Party/s :
Mr. Ashok Kumar, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 18-01-2020 Heard the learned counsel for the petitioner and the learned A.P.P. for the State.
The petitioner apprehends his arrest in connection with Bakhtiarpur P.S. Case No. 209 of 2019 for the offence registered under Section 394 of the Indian Penal Code. The allegation is regarding a sum of Rs. 1,70,475/- having been snatched from the informant, which was kept in a bag along with other articles after the accused persons had intercepted the informant. It is further alleged that while the said miscreants were fleeing away, the villagers had chased them and one of the co-accused person was apprehended who was identified as "Vikiya". In the meantime, one of the miscreants had loudly told his accomplice, while taking his name as "Suraja" (the petitioner herein), that the co-accused person
Patna High Court CR. MISC. No.3099 of 2020(2) dt.18-01-2020 2/3 namely, Vikiya has been arrested and thereafter the co-accused person, who had managed to flee away, had fired from his pistol.
The learned counsel for the petitioner has submitted that neither any Test Identification Parade has been held to connect the petitioner with the alleged crime nor any recovery of the looted cash has been made from the house of the petitioner and the petitioner is having a clean antecedent while he is languishing in custody since 02.07.2019.
Per contra, the learned A.P.P. for the State Shri Ashok Kumar has vehemently opposed the prayer for bail. Having regard to the facts and circumstances of the case, considering the submissions of the learned counsel for the petitioner coupled with the fact that neither any T.I. Parade has been held to connect the petitioner with the alleged crime nor any recovery of the looted cash has been made from the petitioner as also taking into account the fact that the petitioner is having a clean antecedent, I deem it fit and proper to grant anticipatory bail to the petitioner herein.
Accordingly, the petitioner, above named, is directed to be released on anticipatory bail in the event of his arrest/surrender before the court below within a period of four
Patna High Court CR. MISC. No.3099 of 2020(2) dt.18-01-2020 3/3 weeks from today, on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-1, Barh, Patna in connection with Bakhtiarpur P.S. Case No. 209 of 2019 subject to the conditions as stipulated under Section 438(2) of the Code of Criminal Procedure.
(Mohit Kumar Shah, J) S.Sb/- U T