Kailash Thakur @ Prakash @ Netaji v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.22495 of 2016 Arising Out of PS.Case No. -248 Year- 2015 Thana -MAJORGANJ District- SITAMARHI ====================================================== Kailash Thakur @ Prakash @ Netaji, son of Raman Thakur, resident of Village & P.S.- Purnahiya, District- Sheohar .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Hans Lal Kumar For the Opposite Party/s : Mr. Smt. Renu Kumari (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 24-05-2016 Heard the learned counsel for the petitioner as well as the learned A.P.P for the State.

The petitioner seeks bail in connection with Majorganj P.S. Case No. 248 of 2015 registered for the offences punishable under Sections 25 (1-B)A, 26 and 35 of the Arms Act, Section 4, 5 and 6 of the Explosive Substance Act, Section 17 of C.L.A. Act and Section 17 and 18 of the U.P.A. Act. Allegedly, during patrolling duty, three persons including the petitioner were apprehended after chase and after search from the possession of the petitioner, one country made pistol whereon made in USA was written and other incriminating articles and literatures were recovered besides mobile phone. Submission is of false implication and that the petitioner has been made victim of police atrocity, he has been

Patna High Court Cr.Misc. No.22495 of 2016 (2) dt.24-05-2016 2/2 made accused in Purnahiya P. S. Case No. 38 of 2015 and also in this case, other co-accused Baldeo Sah, Laxmi Sahni and Vikas Rai @ Vikash Patel have already been allowed bail by another coordinate bench of this Court and the petitioner is suffering in custody since 26.09.2015.

The learned A.P.P fairly submits that other coaccused have already been allowed bail. 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 Chief Judicial Magistrate, Sitamarhi in connection with Majorganj P.S. Case No. 248 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.) Mishra/- U T