Arjun Das @ Arjun Prasad v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.16996 of 2020 Arising Out of PS. Case No.-123 Year-2019 Thana- BAGHA District- West Champaran ====================================================== 1.
ARJUN DAS @ ARJUN PRASAD Son of yamuna Das Resident of Village - Singhachhapar, P.S.- Bettiah Muffasil, Dist.- West Champaran 2.
Arvind Yadav Son of Satyendra yadav Resident of Village - Rankipakadi, P.S.- Bettiah Muffasil, Dist.- West Champaran 3.
Lucky Das @ Lucky Kumar Das @ Ankit Kumar Son of Hargud Das Resident of Village - Singhachhapar, P.S.- Bettiah Muffasil, Dist.- West Champaran ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Bimlesh Kumar Pandey For the Opposite Party/s :
Mr.Nawal Kishore Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 27-08-2020 The present petition has been taken up for consideration through the mode of Video conferencing in view of the prevailing situation on account of COVID 19 Pandemic, requiring social distancing.
Heard the learned counsel for the petitioners and the learned APP appearing for the State.
This is an application for grant of anticipatory bail in connection with Bagaha P.S.Case No. 123 of
2/4 2019 registered for the offence punishable under Sections 382 and 414/34 of the Indian Penal Code. The case of the prosecution in brief is that the informant was returning after withdrawing a sum of Rs. 20,000/- from the Punjab National Bank, Bagaha and when he reached near the shop of Madan Kanodiya, the accused persons came from behind and snatched his bag containing the said sum of Rs. 20,000/-, however, upon raising an alarm, the local people along with the police patrolling party reached there and caught hold of a miscreant who, upon interrogation, disclosed the name of the accused persons, who had managed to flee away i.e. the petitioners herein.
The learned counsel for the petitioners has submitted that the petitioners are innocent, they have been falsely implicated in the present case and they are having a clean antecedent. It is further submitted that no recovery of any sort of incriminating articles have been made from the possession of the petitioners.
Per contra, the learned APP for the State has
3/4 vehemently opposed the prayer for bail.
Having regard to the facts and circumstances of the case, considering the submissions made by the learned counsel for the petitioners and taking into account the fact that the petitioners are having a clean antecedent and they have been implicated in the present case merely on suspicion as also upon confessional statement of the coaccused person, who was apprehended from the spot, I deem it fit and proper to admit the petitioners to the privilege of anticipatory bail. Accordingly, the petitioners are directed to be enlarged on anticipatory bail, in the event of their arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, on furnishing bail bond of Rs. 10,000/- (rupees ten thousand) each with two sureties of the like amount each to the satisfaction of learned A.C.J.M. 1st Bagaha, West Champaran in connection with Bagaha P.S.Case No. 123 of 2019, subject to the conditions as laid down under Section 438(2) of the
4/4 Code of Criminal Procedure.
(Mohit Kumar Shah, J) Ajay/- U T