Mukesh Thakur v. The State Of Bihar

Patna High Court Cr.Misc. No.18065 of 2016 (3) dt.27-06-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.18065 of 2016 Arising Out of PS.Case No. -151 Year- 2015 Thana -DALSINGHSARAI District- SAMASTIPUR ======================================================

1. Mukesh Thakur Son of Brij Nandan Thakur Resident of Village- Bal Krishnapur Marwa, Police Station -Vidyapati Nagar District Samastipur. ... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Lakshmindra Kumar Yadav For the Opposite Party/s : Mr. Upendra Kumar(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 27-06-2016 Heard learned counsel for the petitioner and learned counsel representing the State.

The petitioner seeks bail in connection with Dalsinghsarai P.S. Case No. 151 of 2015 registered for the offences punishable under Sections 385 and 387 of the Indian Penal Code. Allegedly, ransom of rupees two lacs and again rupees five lacs were demanded telephonically or through mobile by unknown person from the informant and during investigation the name of the petitioner transpired in confessional statement of co-accused Amarjeet Thakur and further that SIM No. 9631710778 was misplaced and in the house the petitioner used to come which is evident from the statement of Sajda Khatoon vide paragraph 27 of the case diary. Submission is of false implication and that there is no legal and tangible material against the petitioner besides the confessional statement of co-accused and suspicion raised by Sajda Khatoon,

Patna High Court Cr.Misc. No.18065 of 2016 (3) dt.27-06-2016 without any fault the petitioner is suffering in custody since 28.12.2015 whereas Amarjeet Thakur who has confessed his guilt has already been allowed bail, no transaction has taken place and as such no offence under Section 387 IPC is made out.

Learned APP fairly submits that co-accused Amarjeet Thakur has been allowed bail by the court below itself. In the facts and circumstances stated above, the petitioner above named is directed to be released on bail on execution of bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate, Dalsingsarai, Samastipur in connection with Dalsingsarai P.S. Case No. 151 of 2015, subject to the conditions that one of the bailors must be a near relative and another having sufficient immovable property within the territorial jurisdiction of the court concerned and the petitioner shall remain present on each and every date during trial and the default on two consecutive dates on his part without any reason shall disentitle the petitioner from privilege of bail. (Jitendra Mohan Sharma, J) avin/- U T