Chunchun Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.6045 of 2018 Arising Out of PS.Case No. -166 Year- 2017 Thana -KATORIA District- BANKA ====================================================== Tapan Datta, son of Dhanichandra Datta, Resident of Village- Siradih, Police Station- Jaipur, District- Banka.

.... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== With Criminal Miscellaneous No.6767 of 2018 Arising Out of PS.Case No. -166 Year- 2017 Thana -KATORIA District- BANKA ====================================================== Chunchun Yadav, Son of Late Ramjee Yadav, Resident of VillageLakarsara, Police Station- Jaipur, District- Banka. .... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance:

(In Cr.Misc. No.6045 of 2018) For the Petitioner/s : Mr. Ajay Mukherjee, Advocate. For the Opposite Party/s : Mr. Sucheta Yadav, APP. (In Cr.Misc. No.6767 of 2018) For the Petitioner/s : Mr. Ajay Mukherjee, Advocate. For the Opposite Party/s : Smt. Sahin Begam, APP. ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 20-02-2018 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners seek bail in Katoria P.S. Case No. 166 of 2017 registered under Section 394 of the Indian Penal Code.

Four unknown motorcycle borne criminals are said to have

Patna High Court Cr.Misc. No.6045 of 2018 (3) dt.20-02-2018 2/2 plundered cash of Rs. 70,000/-, laptop and mobile of the informant on the point of pistol.

It is submitted by learned counsel for the petitioners that the petitioners are neither named in the F.I.R. nor were apprehended on the spot. No incriminating article has been recovered from their conscious physical possession. Though the police has recovered Rs. 2200/- from the possession of petitioner Chunchun Yadav and Rs. 1400/- from the possession of the petitioner Tapan Datta, but the said money are not looted one rather of the petitioners. The petitioners were not put on T.I.P. There is no eye witness of the occurrence barring the informant. The petitioners have been languishing in custody since 08.10.2017.

Considering the facts aforesaid, the above named petitioners are directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate, 1st, Banka in connection with Katoria P.S. Case No. 166 of 2017.

Mishra/- (Prakash Chandra Jaiswal, J) U T