Bhagwan Das v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.21266 of 2020 Arising Out of PS. Case No.-256 Year-2019 Thana- ALOULI District- Khagaria ====================================================== BHAGWAN DAS Son of Upendra Tanti, Resident of Village - Dharharwa, P.S.- Bithan, District - Samastipur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ram Sumiran Rai, Adv.

For the Opposite Party/s :

Mr.A.G ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 24-07-2020 Heard both sides through Video Conferencing.

Petitioner seeks bail in Alauli P.S. Case No.256 of 2019 registered under Section 392 of the IPC. The informant alleged that two persons came on a motorcycle and snatched his bag. The informant chased the miscreants and when the informant reached near railway crossing, the informant saw the same motorcycle parked near the railway crossing. The police also came there. The petitioner with the help of police caught one Golu @ Vivek Yadav, who disclosed that Shamsher Mukhiya managed to flee away. Learned counsel for the petitioner submits that Golu @ Vivek Yadav disclosed the name of Bhagwan Das (petitioner) and further disclosed that Bhagwan Das was also following him as his helper. It is submitted that two persons came on a motorcycle and snatched the bag of the informant. The petitioner was not found anywhere in the vicinity of the place of

Patna High Court CR. MISC. No.21266 of 2020(2) dt.24-07-2020 2/2 occurrence. The petitioner is in jail since 16.01.2020 but he has not yet been put on T.I.P.

Learned A.P.P., however, opposed the prayer for bail. It appears that initially the informant disclosed that only two persons on a motorcycle came near him and snatched his bag. When the informant chased them, they were found near railway crossing with the motorcycle. One Golu @ Vivek Yadav was apprehended and Shamsher Mukhiya managed to flee away. Golu @ Vivek Yadav disclosed the name of the petitioner as his helper. According to Golu @ Vivek Yadav, the petitioner was also following him on another motorcycle but the informant did not disclose this fact that somebody else was also following him on another motorcycle. The petitioner is in jail since 16.01.2020 and he has not yet been put on T.I.P.

Having considered the facts aforesaid, the petitioner named above is directed to be released on bail on furnishing bail bond of Rs.10,000/-(rupees ten thousand) with two sureties of like amount each to the satisfaction of learned A.C.J.M. III, Khagaria in connection with Alauli P.S. Case No.256 of 2019 corresponding to G.R. No.2189 of 2019.

Harish/- (Prabhat Kumar Jha, J) U T