Suraj Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.3995 of 2021 Arising Out of PS. Case No.-151 Year-2020 Thana- SOHSARAI District- Nalanda ====================================================== SURAJ KUMAR S/o Gautam Prasad R/o Mohalla- Shringar Hatt, Pahartali, P.S.- Soharsrai, District- Nalanda ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Suraj Narayan Yadav For the Opposite Party/s :

Mr. Nawal Kishore Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 08-04-2021 Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State, through video conferencing.

The petitioner seeks regular bail in connection with Sahsarai Police Station Case No. 151 of 2020, registered for the offence punishable under Sections 341/323/504/506/386/379/34 of the Indian Penal Code.

The allegation, as per the First Information Report, is that while the informant was returning from his pick-up van, he was intercepted by two persons, riding on a motorcycle and the accused persons started demanding rangdari and one of the accused snatched Rs. 50,300/-, which was kept near the gear box of the pick-up van and started fleeing away, but the informant chased the motorcycle and dashed it from his pick-up

Patna High Court CR. MISC. No.3995 of 2021(3) dt.08-04-2021 2/3 van and the person driving the motorcycle fell down, upon which one of the accused persons was caught, who disclosed his name as Suraj Kumar (the petitioner).

Learned Counsel for the petitioner submits that the petitioner has falsely been implicated in this case inasmuch as there was an accident between the motorcycle and the pick-up van, and it was the informant's pick-up van which had dashed the motorcycle of the petitioner and there was a scuffle between the petitioner and the informant, due to which the present First Information Report has falsely been lodged by the informant. He further submits that the petitioner has got no criminal antecedent and from perusal of the First Information Report itself, it would be evident that the money was taken from near the gear box by another co-accused and not by this petitioner. He further submits that the petitioner is in custody since 03.09.2020.

Having heard learned Counsel for the parties and taking into consideration the materials on record, the nature of allegation and the fact that the petitioner is in custody since 03.09.2020, I am inclined to grant regular bail to the petitioner. This application is, accordingly, allowed.

Let the petitioner, above named, be released on

Patna High Court CR. MISC. No.3995 of 2021(3) dt.08-04-2021 3/3 bail, upon furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned 1st Additional Chief Judicial Magistrate, Biharsharif, in connection with Sohsarai Police Station Case No. 151 of 2020. (Anil Kumar Sinha, J.) Prabhakar Anand/- U √ T √