Suraj Pal @ Chitranjan Kumar Pal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.58326 of 2024 Arising Out of PS. Case No.-356 Year-2022 Thana- SIMRI District- Buxar ====================================================== 1.

Suraj Pal @ Chitranjan Kumar Pal, son of Tarkeshwar Pal village- Raghu Bansh Pathak ke Dera (Niyazipur), Ps- Simari, Dist- Buxar 2.

Bhuali Yadav @ Bhambholi Yadav, son of Late Nand Gopal yadav villageRaghu Bansh Pathak ke Dera (Niyazipur), Ps- Simari, Dist- Buxar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Manish Rai Sharma, Advocate For the Opposite Party/s :

Mr. Rajendra Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 11-09-2024 Heard learned counsel for the petitioners and learned A.P.P. for the State.

2. The petitioners apprehend their arrest in connection with Simri (Dera O.P.) P.S. Case No. 356 of 2022 instituted under Sections 341, 323, 354, 379, 504, 506 & 34 of the Indian Penal Code.

3. As per the prosecution case, on 11.09.2022 at about 6:30 P.M. when the informant went for walk, a boy came there and started snatching her gold chain on which she protested, thereafter, two more boys came there twisted her hand and snatched her gold chain and fled away.

4. Learned counsel for the petitioners submits that the

Patna High Court CR. MISC. No.58326 of 2024(2) dt.11-09-2024 2/3 petitioners are innocent and have been falsely implicated in this case. He further submits that there is six days delay in lodging the F.I.R. without any explanation. Learned counsel also submits that the informant and the petitioners are known to each other. Nothing has been recovered from the conscious possession of the petitioners and only to recover the dues, this false case been filed by the informant. He further submits that petitioner no. 1 has no criminal antecedent, however, petitioner no. 2 has one criminal antecedent which belongs to Excise Act in which he is on bail and they undertake to co-operate in the investigation and the trial.

5. Learned A.P.P. for the State opposes the prayer for anticipatory bail.

6. Considering the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest or surrender before the Court below within six weeks from today, the petitioners be released on bail upon furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) each with two sureties of the like amount to each to the satisfaction of the learned Judicial Magistrate 1st Class, Court No. 12, Buxar / Concerned Trial Court in connection with Simri (Dera O.P.) P.S. Case No. 356 of 2022, subject to the conditions laid down in

Patna High Court CR. MISC. No.58326 of 2024(2) dt.11-09-2024 3/3 Section 438(2) of the Code of Criminal Procedure, 1973. (Sunil Dutta Mishra, J) ashishkr/- U T