Jitendra Thakur v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.51054 of 2016 Arising Out of PS.Case No. -332 Year- 2016 Thana -SASARAM NAGAR District- SASARAM (ROHTAS) ====================================================== Jitendra Thakur Son of Sheonath Thakur @ Sheo Dahin Thakur, resident of Village- Amar, P.S.: Sasaram (M), District- Rohtas. .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Sada Nand Roy For the Opposite Party/s : Mr. Suresh Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 28-11-2016 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner seeks bail in a case instituted under Sections 395, 397 of the Indian Penal Code and Section 27 of the Arms Act.

The prosecution story, in brief, is that five unknown miscreants entered into the house of the informant and took away Rs. 60-65 thousand cash and a mobile and further took Rs. 3300 cash from the pocket of the informant. It is alleged that when the key of the Godrej was not found, they assaulted the informant and his son, causing injury to them.

It has been submitted on behalf of the petitioner that the petitioner has falsely been implicated in the present case. He is in

Patna High Court Cr.Misc. No.51054 of 2016 (2) dt.28-11-2016 2/2 custody since 25.04.2016. The charge sheet has been submitted in the present case. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner is not named in the F.I.R. He has been named by a spy. He has not been put on Test Identification Parade. No any incriminating article is said to have been recovered from the possession of the petitioner. The other coaccused has been granted bail vide Cr. Misc. No. 33103 of 2016. On behalf of the state, it has been 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 bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge-VIII, Rohtas (Sasaram) in connection with S. Tr. No. 407 of 2016, arising out of Sasaram (Town) P.S. Case No. 332 of 2016. (Sudhir Singh, J.) Amit/- U T