Tufani Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.24109 of 2020 Arising Out of PS. Case No.-22 Year-2020 Thana- KUNDWACHAINPUR District- East Champaran ====================================================== Tufani Yadav, aged about 20 years, Male, S/o Lal Mohan Yadav, R/o villageBadharwa Fatehmahammad, P.S.- Kundwachainpur, District- East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Abhishek Kumar, Advocate For the State :

Ms. Shaheen Begam, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 19-10-2020 Heard the parties through the virtual court proceeding. The petitioner seeks bail in connection with Kundwachainpur P.S. Case No. 22 of 2020 registered for the offence punishable under Section 414 of the Indian Penal Code. As per the F.I.R., the case of the prosecution is that the informant- Police A.S.I. Suresh Chauhan of Kundwa Chainpur P.S. was on patrolling duty on 27.01.2020 with police force and during that course at about 18:30 hours when the informant reached near Nahar chowk of village- Barharwa Fatehpur, he saw that one rider was coming on a motorcycle from Dhaka side and the informant said him to stop the rider of the motorcycle seing the police force tried to flee away after turning his motorcycle, but on chase, he was apprehended. The

Patna High Court CR. MISC. No.24109 of 2020(3) dt.19-10-2020 2/3 rider of the motorcycle disclosed his name as Tufani Yadav and on demand of paper of t he motorcycle, he has replied that he has no paper with respect to said motorcycle and said motorcycle bearing Registration No.BR 05A-5558 was given to him by his friend Avinash. In presence of independent witnesses, said motorcycle was seized.

Learned counsel for the petitioner submits that the petitioner has falsely been implicated in the present case. It is further submitted that nothing has been recovered from the possession of the petitioner and the police took his thumb impression forcibly on a plain paper and later on converted into confessional statement of this petitioner. He further submits that the petitioner has got no any criminal antecedent mentioned in paragraph-3 of the bail petition and petitioner is in jail custody since 28.01.2020.

I have perused the record including the case diary in confessional statement of co-accused. Learned counsel for the petitioner submits that he purchased the said motorcycle from one Avinash Kumar after payment of Rs.7,000/-, but Avinash has not given any paper of the said motorcycle. Learned A.P.P. for the State opposed the bail petition. In the facts and circumstances of the case, let the

Patna High Court CR. MISC. No.24109 of 2020(3) dt.19-10-2020 3/3 above named petitioner be enlarged on bail on furnishing bail bond of Rs. 25,000/- (twenty five thousand) only with two sureties of the like amount each to the satisfaction of learned Sub-Divisinal Judicial Magistrate, Sikrahana at Dhaka, East Champaran in connection with Kundwachainpur P.S. Case No. 22 of 2020.

(Anjani Kumar Sharan, J) Nasimul/- U T