Roushan Kumar Thakur @ Roushan Thakur v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.23620 of 2015 Arising out of PS.Case No. -184 Year- 2014 Thana -LALIT NARAYAN UNIVERSITY DistrictDARBHANGA ====================================================== Roushan Kumar Thakur @ Roushan Thakur, S/o Late Sitaram Thakur, resident of Mohalla- Sundarpur Sonar Tola, P.S. L.N.M.U., DistrictDarbhanga. .... .... Petitioner

Versus

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

For the Petitioner : Mr. Vinay Kumar Mishra, Advocate. For the Opposite Party : Mr. Anil Kumar(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 19-08-2015 The petitioner is languishing in custody since 26.08.2014 in connection with L.N.M.U. P.S. Case No. 184 of 2014 for the offences instituted under Section 392 of the I.P.C. Later on, Section 411 of the I.P.C. was also added. Heard learned counsel for the petitioner and learned counsel for the State.

The prosecution story, in brief, is that the informant came with money at Standard Petroleum from his own petrol Gauri and Heera Petroleum and kept 4 lacs rupees in brown colour bag and he set out to Delhi more from Standard Petroleum at 10.10 A.M. on 14.08.2014 by his motorcycle bearing Registration No. BR-7H-3789 having kept bag in dickey of motorcycle, when

Patna High Court Cr.Misc. No.23620 of 2015 (3) dt.19-08-2015 2/3 one motorcycle ridden by four persons came there and dashed against motorcycle, as a result of which, he collided against wall of bridge and out of four miscreants, two miscreants put pistol to his temple and took out bag containing money having broken dickey and they ran away having ridden on motorcycle through N. H. Pool. He recognized structure and colour of four miscreants and claimed to identify them on seeing. In course of investigation, police apprehended petitioner and petitioner confessed his guilt involving himself in commission of robbery as well as involvement of his companions. Police recovered Hero-Honda Red colour bearing Engine No. 0348E28437 and Chassis No.034220F0282 from the house of co-accused Vijay Kumar and bag containing 2,4,0750/- rupees from house of petitioner and recovered motorcycle, money were put in T.I. Parade and informant identified.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 26.08.2014 and the charge sheet has been submitted in the present case. It is further submitted that the petitioner is not named in the F.I.R. The petitioner was put on T.I.P. but he was not identified in the course of T.I.P. Other coaccused has been granted bail by this Court vide Cr. Misc. No. 46965 of 2014.

Patna High Court Cr.Misc. No.23620 of 2015 (3) dt.19-08-2015 3/3 On behalf of the State it has been submitted that the name of the petitioner has figured in course of investigation. Considering the aforesaid facts and circumstances, let the petitioner above named, 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 the learned J.M. Ist Class, Darbhanga in connection with L.N.M.U. P.S. Case No. 184 of 2014 (T.R. No. 4327 of 2014).

U.K./- (Sudhir Singh, J) U T