Kanchan Singh @ Kanchan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.25697 of 2023 Arising Out of PS. Case No.-500 Year-2018 Thana- BIDUPUR District- Vaishali ====================================================== KANCHAN SINGH @ KANCHAN KUMAR SON OF POLICE SINGH R/O VILLAGE- KANCHANAPUR, P.S.- BIDHUPUR, DISTRICTVAISHALI ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Jay Ram Prasad, Adv.

For the Opposite Party/s :

Mr. Nitya Nand Tiwary, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 07-07-2023 Heard Mr. Jay Ram Prasad, learned counsel appearing on behalf of the petitioner and Mr. Nitya Nand Tiwary, learned A.P.P. for the State.

2. The petitioner apprehends his arrest in connection with Bidupur P.S. Case No. 500 of 2018, dated 16.11.2018, registered under Sections 394/412 of the Indian Penal Code.

3. The prosecution case, in brief, is that Tata Pickup (BR-31G-4120) and a Piaggio Tempo (without registration number) were seized in connection with Chowk P.S. Case No. 448 of 2018 and were being brought to Patna City by the private driver Randhir Singh @ Sardar and Md. Nadeem @ Dibba and when they reached near Rajanan Gaon, accused petitioner along with other approximately 50 in numbers assaulted the drivers

Patna High Court CR. MISC. No.25697 of 2023(2) dt.07-07-2023 2/3 and on gun point snatched the said vehicles, which was, later on recovered by the Police team.

4. Learned counsel appearing on behalf of the petitioner submits that petitioner is named in the F.I.R. The F.I.R. has been lodged against 3 known and 50 unknown persons. The petitioner is innocent and has been named in the F.I.R. only on the basis of suspicion and one criminal case under Section 30(a) of the Bihar Prohibition and Excise Act, 2016, pending against the petitioner. The vehicle has already been recovered by the informant.

5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of pre-arrest bail to the petitioner.

6. Considering the facts and circumstances of the case as well as the material available on the record, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of four 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 C.J.M., Vaishali at Hajipur in connection with Bidupur P.S. Case No. 500 of 2018, subject to the condition as laid down under Section 438(2) of the Cr.P.C.

7. The Court below is directed to verify the criminal

Patna High Court CR. MISC. No.25697 of 2023(2) dt.07-07-2023 3/3 antecedent of the petitioner and if it is found that the petitioner is involved in some other cases as what has been stated in paragraph no. 3 of the bail application, this order will automatically loose its force.

(Purnendu Singh, J) pravinkumar/- U