Sunil Kumar Thakur v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.24338 of 2021 Arising Out of PS. Case No.-500 Year-2020 Thana- NARPATGANJ District- Araria ====================================================== Sunil Kumar Thakur S/O Late Panchanand Thakur R/o village- Fatehpur Ward No. 16, P.S.- Narpatganj, District- Araria ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Mukesh Kumar Rana, Adv.
For the Opposite Party/s :
Mr. Kumar Veerendra Narayan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 26-10-2021 Heard learned counsel for the petitioner and learned APP for the State.
The petitioner seeks bail in a case registered for the offence punishable under Section 392 of the Indian Penal Code. When the informant was coming C.S.P centre, four unknown miscreants on a gun point have snatched the motorcycle and his bag containing one laptop, mobile and Rs. 1,90,000/- lakhs and fled away on their motorcycle. Learned counsel for the petitioner submits that petitioner is innocent, not named in the FIR and has been falsely implicated in this case. He submits that nothing has been recovered from the conscious possession of the petitioner and no TIP has been done as yet. He submits that petitioner has been made accused on the confessional statement of co-accused and from the possession of the petitioner only Rs. 4000/- has been
Patna High Court CR. MISC. No.24338 of 2021(3) dt.26-10-2021 2/3 recovered which is his own money. He submits that on the confessional statement of the petitioner, one mobile has been recovered form the house of co-accused Ram Pravesh Yadav. He further submits that petitioner bears one criminal antecedent as stated in para-3 of the bail application and he is languishing in judicial custody since 01.12.2020.
Considering the facts and circumstances of the case, let the 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 where the case is pending/successor court in connection with Narpatganj P.S. Case No. 500 of 2020, subject to the conditions:
(1) that one of the bailors will be a close relative of the petitioner, who will give an affidavit giving genealogy as to who he is related with the petitioner. He will also undertake to inform the court if there is any change in the address of the petitioner.
(II) that the petitioner will be well represented on each and every date fixed in the case and if he fails to do so on two consecutive dates his bail bonds shall be liable to be cancelled. (III) that the petitioner will mark his attendance in the
Patna High Court CR. MISC. No.24338 of 2021(3) dt.26-10-2021 3/3 local police station in the first week of every month till conclusion of trial, failing which the prosecution will be at liberty to move cancellation of his bail bond. (IV) that the bailor shall also stated on affidavit that he will inform the Court concerned if the petitioner is implicated in any other case of similar nature after his release in the present case and thereafter the Court below will be at liberty to initiate proceeding for cancellation of bail on the ground of misuse. (Anjani Kumar Sharan, J) devendra/- U T