Sagar Mishra v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.84152 of 2024 Arising Out of PS. Case No.-183 Year-2024 Thana- RAMGARHWA District- East Champaran ====================================================== 1.

Sagar Mishra S/O Wasdeo Mishra R/O Village- Kopa, Ward No. 09, P.SKopa, Distt.- Chapra at Saran. 2.

Sagar Tiwari S/O Ashok Tiwari R/O Village- Hathua, Ward No. 06, P.SHathua, Distt.- Gopalganj. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Basant Kumar Singh, Advocate For the State :

Mr. Nagendra Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 11-12-2024 Heard Mr. Basant Kumar Singh, learned counsel for the petitioner and learned APP for the State.

2. The petitioners are in judicial custody in connection with Ramgarhwa P.S. Case No. 183 of 2024 for the offences punishable under Sections 309(4), 309(6), 317(2) and 317(5) of the Bharatiya Nyaya Sanhita, lodged on 23.07.2024 by the informant, Sujanki.

3. As per the prosecution story, the informant, a lady alleged that after withdrawing Rs.45,000/- from Central Bank of India as she was moving on E-Rickshaw, two motorcycles over took and snatched the bag containing the amount, upon protest, the accused also assaulted her by the butt of the gun. As her

Patna High Court CR. MISC. No.84152 of 2024(2) dt.11-12-2024 2/2 husband raised alarm, these two petitioners were caught by the police while some others managed to escape. This led to the F.I.R.

4. Learned counsel for the petitioners submit that they have no criminal antecedent and were moving on the road but were caught by the public and made in the category of accused.

5. Learned APP for the State opposes the prayer for bail and have taken this Court to F.I.R. to show that these accused along with others snatched the bag and while some others managed to escape, the public caught hold of these two petitioners and handed over to the Police.

6. Considering the allegation that has come against the petitioners coupled with the fact that it has become everyday criminal activity of snatching the hard earned money of innocent person, the petitioners were caught on the spot, for the present, this Court is not inclined to extend him the privilege of bail.

7. Accordingly, the bail petition stands rejected. (Rajiv Roy, J) vinayak/- U T