Tuntun Singh @ Ajay Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.53500 of 2019 Arising Out of PS. Case No.-104 Year-2019 Thana- SABAUR District- Bhagalpur ====================================================== TUNTUN SINGH @ AJAY KUMAR Son of Late Chhatradhari Singh Resident of Village- Khankitta, P.O.- and P.S.- Sabour, District- Bhagalpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Dhananjay Kumar Gupta For the Opposite Party/s :

Mr.Manoj Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 27-08-2019 Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State.

This application, for grant of anticipatory bail, arises out of Sabour Police Station Case No. 1047 of 2019, disclosing offences under Sections 384 and 386 of the Indian Penal Code. The allegation against the petitioner is that he, along with others, was forcibly collecting money from the trucks plying on N. H. 80.

Learned Counsel for the petitioner submits that one Tuntun Poddar was arrested by the police, who has allegedly disclosed the name of this petitioner. He further submits that he police recovered some pieces of notes of different denominations from the possession of Tuntun Poddar along with printed receipt of Sri Sri 108 Durga Puja Samaroh. He further

Patna High Court CR. MISC. No.53500 of 2019(2) dt.27-08-2019 2/3 submits that the petitioner has got no criminal antecedent and no recovery has been made from the conscious possession of the petitioner and it appears from the First Information Report that other co-accused persons were collecting donation from the trucks for Durga Puja Samaroh.

After having heard learned Counsel for the parties and taking into consideration the fact that a total sum of Rs. 500/- has been recovered from Tuntun Poddar having notes of different denomination and further the petitioner has been named by the arrested co-accused, having no criminal antecedent, I am inclined to grant the petitioner privilege of anticipatory bail. Accordingly, this application is allowed. Let the petitioner, Tuntun Singh @ Ajay Kumar, in the event of his arrest or surrender before the Court below within four weeks, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Bhagalpur in connection with Sabour Police Station Case No. 104 of 2019, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.

This is subject to the condition that the petitioner shall present himself before the police/Court, as the case may be, as

Patna High Court CR. MISC. No.53500 of 2019(2) dt.27-08-2019 3/3 and when required and in the event of failure on his part to appear before the Court on two consecutive occasions, his bail bond shall be liable to be cancelled.

(Anil Kumar Sinha, J.) Prabhakar Anand/- U √ T √