Mohit Lal Thakur v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.15302 of 2017 Arising Out of PS.Case No. -279 Year- 2016 Thana -BIHIYA District- BHOJPUR ====================================================== Mohit Lal Thakur Son of Late Ram Thakur, Resident of Village-Goura, P.S.-Bihiya, District-Bhojpur.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Manoj Kumar For the Opposite Party/s : Mr. Binod Kumar 2 ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 06-04-2017 Heard the parties.

This application has been filed in connection with Bihiya/Bahavanpur for the offence under Sections 399 and 402 of the Indian Penal Code.

It is submitted on behalf of the petitioner that it is alleged that there is allegation of recovery of one country-made Pistol and three cartridges. He is in custody for about five months. He has no criminal antecedent. In this case also, nothing has been recovered from him and he has been falsely implicated. Heard learned A.P.P. also.

Having heard both sides and considering the period of custody of the petitioner, let the petitioner, above named, be enlarged on bail on furnishing bail bond of Rs.25,000/- (Twenty

Patna High Court Cr.Misc. No.15302 of 2017 (2) dt.06-04-2017 2/2 Five Thousand) with two sureties of the like amount each to the satisfaction of A.C.J.M. 5th, Bhojpur, Ara in connection with Bihiya/Baharampur (O.P.)No.279 of 2016.

With following conditions :

(i) One of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the concerned court.

(ii) The petitioner will not induce any witness or tamper with the evidence.

(iii) The petitioner shall co-operate in the disposal of trial and make himself available as and when required by the court and on the event of failure on his part to appear before the court below on two consecutive dates without showing any genuine reasons, the prosecution is free to move for cancellation of his bail.

With the aforesaid observation, this application is allowed. (Vinod Kumar Sinha, J) chn/- U T