Keshari Nandan Thakur @ Lalit Thakur v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.15455 of 2020 Arising Out of PS. Case No.-141 Year-2015 Thana- DUMRA District- Sitamarhi ====================================================== KESHARI NANDAN THAKUR @ LALIT THAKUR (Male), aged about 40 years, Son of Chandeshwar Thakur, Resident of Village-Phulparasi, P.S. Sahiyara, District - Sitamarhi.

... ... Petitioner

Versus

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

For the Petitioner :

Mr.Pushpendra Kumar Singh, Advocate.

For the Opposite Party :

Mr.Nand Kishore Prasad, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 03-03-2020 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner seeks bail in a case for the offence registered under Sections 385 and 387 of the IPC. The prosecution story, in brief, is that the informant is a petty contractor. On 10.06.2014 at 10.56 A.M., he received a call on his Mobile No. 8651659586 from Mobile No. 7835920874 and the caller demanded Rs. 5,00,000/- from him and directed to give the said amount at jail gate within two days. Again on 12.06.2015 at 9.06 A.M., the informant again received call from the said Mobile number that if he wants his life, handover Rs. 5,00,000/- to one Rakesh Das at jail gate failing which he will be killed.

Patna High Court CR. MISC. No.15455 of 2020(2) dt.03-03-2020 2/2 It has been submitted by learned counsel for the petitioner that the petitioner is languishing in custody since 11.12.2019. The petitioner has falsely been implicated in the present case. Charge sheet has been submitted in the present case. There is no allegation of tampering with the witnesses alleged against the petitioner. The petitioner is not named in the F.I.R. The name of the petitioner has come in the present case during the course of investigation on the basis of confessional statement of co-accused Vikash Dash. The main allegation is against Vikash Das. The petitioner has been made accused in the present case due to mistake of fact. No specific overt act is alleged against the petitioner.

On behalf of the State, it is submitted that the petitioner is not named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioner above named, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned C.J.M., Sitamarhi, in connection with Dumra P.S. Case No. 141 of 2015. (Sudhir Singh, J) U.K./- U T