Govind Kumar Thakur v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.21879 of 2021 Arising Out of PS. Case No.-393 Year-2020 Thana- GAIGHAT District- Muzaffarpur ====================================================== GOVIND KUMAR THAKUR Son of Dilip Kumar Thakur Resident of Village - Prem Nagar, P.S.- Runnisaidpur, District - Sitamarhi. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ashok Kumar Jha For the Opposite Party/s :

Mrs. Anita Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 15-07-2021 This matter is taken up for consideration through Video Conferencing under the orders of Hon'ble the Chief Justice.

Heard both parties.

The petitioner seeks bail in Gaighat P.S. Case No. 393 of 2020, registered for the offence punishable under Section 392 of the Indian Penal Code. Later on, section 411 of the Indian Penal Code.

As per the prosecution case, while the informant and his brother were going on his truck loaded with bags of potato, four unknown miscreants came on Scorpio vehicle and looted away the consignment of the truck, cash and mobile phone from their possession.

It is submitted on behalf of the petitioner that petitioner is not named in the FIR. Name of this petitioner has

Patna High Court CR. MISC. No.21879 of 2021(2) dt.15-07-2021 2/2 come on the basis of confessional statement of co-accused Abhay Ranjan @ Abhay Singh. Nothing has been recovered from possession of this petitioner. No test identification parade has been held till date. Petitioner is having clean antecedent and he is in custody since 30.11.2020. Investigation is complete. Considering the facts and circumstances of the case, the petitioner above-named, is directed to be enlarged 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 Additional Chief Judicial Magistrate XV, Muzaffarpur (East) in connection with Gaighat P.S. Case No.

393 of 2020, subject to following conditions:- (i) The 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 in the event of failure on two consecutive dates without sufficient reasons, his bail bond shall be liable to be cancelled by the court below. (ii) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner.