Chandan Thakur v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.19887 of 2021 Arising Out of PS. Case No.-428 Year-2020 Thana- NAANPUR District- Sitamarhi ====================================================== Chandan Thakur (Male), aged about 25 years, Son of Shambhu Thakur, Village- Baghori, P.S.- Runnisaidpur, District- Sitamarhi. ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ritesh Kumar Narain Singh, Advocate For the Opposite Party/s :

Mr. Yogendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 31-08-2021 Heard learned counsel for the petitioner and learned APP for the State through virtual court proceedings. Learned counsel for the petitioner undertakes to remove the defects within three weeks of resumption of normal court proceeding. In the eventuality of non-removal of defects within undertaken period, the office will place the matter before the Bench.

The petitioner seeks bail in a case registered for the offence punishable under Sections 399, 402 and 414 of the Indian Penal Code as well as under Sections 25(1-b)A/26/35 of the Arms Act.

After getting secret information that some miscreants are planning for committing dacoity, the police raided the mango orchard and bamboo clumps and apprehended five persons including the petitioner. The police recovered one fighter from

Patna High Court CR. MISC. No.19887 of 2021(2) dt.31-08-2021 2/2 possession of the petitioner.

Learned counsel for the petitioner submits that the petitioner has falsely been implicated in the present case. It is further submitted that except fighter, nothing has been recovered from possession of the petitioner. The alleged firearms were recovered from possession of other accused persons. Petitioner is in custody since 15.10.2020 and petitioner has got no criminal antecedent as mentioned in para 3 of the bail petition. It is also submitted that similarly situated co-accused has already been granted bail by a coordinate Bench of this Court vide order dated 16.08.2021, passed in Cr. Misc. No.19267 of 2021. The learned APP vehemently opposed the prayer for bail of the petitioner.

Having considered the facts and circumstances, let petitioner, above named, be released on bail on furnishing bail bond of Rs.25,000/- (rupees twenty five thousand) with two sureties of the like amount each to the satisfaction of the learned court below/successor court where the case is pending in connection with Nanpur P.S. Case No.428 of 2020. (Anjani Kumar Sharan, J) S.KUMAR/- U T