Madan Kumar Thakur @ Madan Thakur v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.10429 of 2022 Arising Out of PS. Case No.-594 Year-2021 Thana- KHAJANCHI HAT District- Purnia ====================================================== Madan Kumar Thakur @ Madan Thakur son of Late- Suresh Thakur Resident of Village - Milki, P.S. - K. Hat (Maranga), District - Purnea. ... ... Petitioner/s
Versus
The State of Bihar.
... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Amit Kumar Anand, Advocate For the Opposite Party/s :
Mrs. Rina Sinha, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 29-06-2022 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
Let the defects, as pointed out by the office, be removed within a period of four weeks from today. Petitioner seeks bail in a case registered for the offences punishable under Sections 399 and 402 of the Indian Penal Code and Section 25(1-b)a, 26 and 35 of the Arms Act. Recovery is of one country made pistol loaded with of .315 bore, three live cartridges and mobile with SIM from the possession of the petitioner Madan Thakur.
Learned counsel for the petitioner submits that petitioner has clean antecedent and he has falsely been implicated in the present case. He further submits that it appears from the F.I.R. as well as seizure list that nothing incriminating articles has been recovered from the conscious possession of the
Patna High Court CR. MISC. No.10429 of 2022(2) dt.29-06-2022 2/3 petitioner and only Rs.10700/- has been recovered from the house of the petitioner. He further submits that the police after investigation submitted the charge sheet against the petitioner. He further submits that similarly situated, co-accused, namely, Sonu Kumar has been granted bail by a co-ordinate Bench of this Court vide order dated 23.03.2022 passed in Cr. Misc. No. 62397 of 2021, other co-accused, namely, Mohan Sharma @ Bhola Das @ Mangla has been granted bail by a co-ordinate Bench of this Court vide order dated 26.05.2022 passed in Cr. Misc. No. 3939 of 2022, other co-accused, namely, Jatashankar Kumar Mishra has been granted bail by a co-ordinate Bench of this Court vide order dated 15.06.2022 passed in Cr. Misc. No. 12007 of 2022.
The petitioner is in custody since 03.07.2021. The learned Additional Public Prosecutor has vehemently opposed the prayer for bail of the petitioner. 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 Court below where the case is pending in connection with K. Hat (Maranga) P.S. Case No.
Patna High Court CR. MISC. No.10429 of 2022(2) dt.29-06-2022 3/3
1. Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the court and on his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the Court below.
2. If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.
3. And further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.
(Rajesh Kumar Verma, J) mdrashid/- U T