Devendra Thakur v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.20423 of 2016 Arising Out of PS.Case No. -171 Year- 2015 Thana -RIGA District- SITAMARHI ======================================================

1. Devendra Thakur Son of late Ram Sewak Thakur Resident of VillageRewasi, PS Riga, District Sitamarhi .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Pushpendra Kumar Singh For the Opposite Party/s : Mr. Pranav Kumar (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 20-05-2016 Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State. This application, for grant of anticipatory bail, arises out of Riga Police Station Case No. 171 of 2015, disclosing offences under Sections 341, 323, 324, 307, 354, 379/34 of the Indian Penal Code.

Learned Counsel for the petitioner has submitted that the Police, upon completion of investigation, have filed final form in which it has been specifically mentioned that the petitioner was not involved in the alleged offence. Learned Counsel for the petitioner has submitted that the learned Additional Chief Judicial Magistrate, Sitamarhi, has, however, after taking cognizance, has summoned the petitioner also and, therefore, he has apprehension of arrest.

The police report submitted under Section 173

Patna High Court Cr.Misc. No.20423 of 2016 (2) dt.20-05-2016 2/2 of the Code of Criminal Procedure has been brought on record by way of Annexure 3 to this application, from which it appears that the Police did not find petitioner's involvement in the commission of alleged offence. Considering the submission, as above, this application is allowed.

Let the petitioner, Devendra Thakur, in the event of his arrest or surrender before the Court below within six weeks, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, Sitamarhi, in connection with Riga Police Station Case No. 171 of 2015, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.

This is subject to the condition that the petitioner shall present himself before the police/Court, as the case may be, as and when required and in the event of failure on his part to appear before the Court on two consecutive occasions, his bail bond shall be liable to be cancelled.

(Chakradhari Sharan Singh, J.) Prabhakar Anand/- U √ T √