Kailash Pandit v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.60766 of 2019 Arising Out of PS. Case No.-104 Year-2019 Thana- SABAUR District- Bhagalpur ====================================================== 1.

KAILASH PANDIT Son of Jagdish Pandit @ Govind Pandit 2.

Dharmendra Yadav Son of Late Gopal Yadav Both are Resident of Village-Chandhari, P.S-Sabour, District-Bhagalpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rajive Ranjan Singh For the Opposite Party/s :

Mr.Rajesh Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 25-09-2019 The petitioners apprehend their arrest in connection with Sabour P. S. Case No. 104 of 2019 registered under Sections 384 and 386 of the Indian Penal Code.

Allegation against the petitioners is that petitioners along with other accused persons were forcibly collecting money from the trucks plying on NH-80.

Learned counsel appearing on behalf of the petitioners submits that one Tunna Poddar was arrested by the police who has allegedly disclosed the name of the petitioners and the police recovered some currency notes of different denominations from the possession of arrested person Tunna Poddar along with printed receipts of Sri Sri 108 Durga Pooja Samaroh. He further submits that petitioners have got no

Patna High Court CR. MISC. No.60766 of 2019(2) dt.25-09-2019 2/2 criminal antecedent and no recovery has been made from their possession and from perusal of the FIR, it appears that petitioners and other accused persons were collecting donation from the truck owners for Durga Pooja Samaroh. Having regard to the submissions made by the parties and taking into consideration the fact that names of the petitioners have been disclosed by the arrested co-accused and money was collected by the co-accused and others as donation for Durga Pooja Samaroh, I am inclined to grant anticipatory bail to the petitioners.

Let the petitioners, above-named, in the event of arrest or surrender before the court below within a period of four weeks from the date of receipt of a copy of this order, be released on bail upon furnishing bail bond of Rs. 10,000/- each with two sureties of the like amount each to the satisfaction of the learned CJM, Bhagalpur in connection with Sabour P.S.Case No. 104 of 2019; subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure.

(Anil Kumar Sinha, J) sujit/- U T