Mithilesh Thakur @ Mithlesh Thakur v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.22486 of 2021 Arising Out of PS. Case No.-11 Year-2018 Thana- DHURAIYA District- Banka ====================================================== MITHILESH THAKUR @ MITHLESH THAKUR Son of Shaligram Thakur Resident of Village - Birnigarhiya, P.S.- Barahat, District - Banka. ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr. Brij Nandad Prasad, Advocate For the Opposite Party/s :

Mr. A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 02-09-2021 Heard the parties in virtual court proceeding. Let the defect(s) be removed within four weeks of start of the physical court.

The petitioner is languishing in custody for the offences punishable under Sections 395, 397, 120(B) of the Indian Penal Code.

Submission is that only material against the petitioner is confessional statement of co-accused before the police while in police custody. Petitioner is in custody since 04.07.2020, however, he was never put on test identification parade during investigation of the case nor any incriminating article has been recovered from his possession.

Considering the aforesaid facts, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.

Patna High Court CR. MISC. No.22486 of 2021(2) dt.02-09-2021 2/2 20,000/- (Twenty 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 Dhoraiya P.S. Case No. 11 of 2018, with following conditions:

(a) Both the bailors shall be the resident of territorial jurisdiction of the learned Court-below.

(b) The petitioner shall fully cooperate with the trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioner.

(c) The petitioner shall not leave the country without permission of the trial Court.

(Birendra Kumar, J) shahzad/- U T