Patna High CourtCR. MISC./47525/2017bail granted

Bhawesh Thakur v. The State Of Bihar

2017-10-18Mr. Justice Vikash Jain2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.47525 of 2017 Arising Out of PS.Case No. -95 Year- 2017 Thana -JHANJHARPUR District- MADHUBANI ====================================================== Bhawesh Thakur Son of Uday Kant Thakur, R/o Village- Lakhnaur, P.S.- Lakhnaur, District- Madhubani.

.... .... Petitioner

Versus

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

For the Petitioner : Mr. Manoj Kumar Jha, Advocate. For the Opposite Party : APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 18-10-2017 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner is in custody since 10.08.2017 in connection with Jhanjharpur P.S. Case No. 95 of 2017, G.R. No. 1210 of 2017 for the offences alleged under Sections 420 and 379 of the Indian Penal Code.

3. It is submitted that the petitioner has been falsely implicated and there is inordinate delay in institution of F.I.R. on 09.08.2017 for the alleged occurrence of 25.07.2017. Even according to the F.I.R. the informant was using the ATM Card of Ram Naresh Paswan and not his own. No incriminating articles have been recovered from the possession of the petitioner.

4. Be that as it may, having regard to the entirety of the facts and circumstances of the case, let the petitioner above named be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, Jhanjharpur, District- Madhubani, in connection with Jhanjharpur

Patna High Court Cr.Misc. No.47525 of 2017 (2) dt.18-10-2017 P.S. Case No. 95 of 2017, G.R. No. 1210 of 2017, on the following conditions:- (i) That one of the bailors shall be a close relative of the petitioner.

(ii) That the petitioner shall not indulge in any similar offence till conclusion of the trial. (iii) That the petitioner shall remain physically present in court on each and every date during trial and in the event of failure on two consecutive dates without sufficient reason, his bail bond shall be liable to be cancelled by the learned Court concerned.

(iv) The petitioner shall cooperate with the investigation, if not already concluded, and make himself available as and when so required and in case of failure, the State shall be at liberty to move for cancellation of bail.

(Vikash Jain, J) Md. Ibrarul/Chandran U T