Patna High CourtCR. MISC./31250/2020rejected

Suraj @ Surya Bhai v. The State Of Bihar

2021-03-15Mr. Justice S. Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.31250 of 2020 Arising Out of PS. Case No.-93 Year-2019 Thana- MALAYPUR District- Jamui ====================================================== SURAJ @ SURYA BHAI, Son of Baban Ram, Resident of village - Satgama, P.S. and District - Jamui.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Satya Prakash Parasar For the Opposite Party/s :

Mr. Sanjay Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 15-03-2021 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner apprehends his arrest in a case registered for the offence punishable under Section 379, 411, 325, 307/34 of the Indian Penal Code.

Informant has alleged that on 05.11.2019 at about 3:00 A.M. while he was sleeping, he was awakened by the noise of tractor and he saw 4-5 persons taking away his trailer by connecting it to engine. Thereafter, the informant and others tried to overtake to said tractor but the driver with the intention of causing their death, tried to hit them with said tractor due to which the informant and his nephew got injured. On hearing the commotion, the police party reached on the spot and after seeing them, the accused persons tried to flee away but the driver of

Patna High Court CR. MISC. No.31250 of 2020(2) dt.15-03-2021 2/2 the tractor along with another boy was caught by the police. The apprehended accused persons disclosed the name of their accomplice as Vickey Yadav, Suraj @ Surya Bhai (petitioner) and Rohit Kumar. Earlier also, Suraj @ Surya Bhai (petitioner) was arrested in a case of Arms Act.

Considering the facts and circumstances of the case and nature of allegation and also the fact that petitioner is having criminal antecedent, I am not inclined to grant anticipatory bail to the petitioner. Hence, the prayer for bail of the petitioner is hereby rejected.

However, if the petitioner surrenders before the Court below and prays for regular bail, his petition for bail shall be considered and decided on the same day without being prejudiced by this order.

(S. Kumar, J) Sanjay/- U T