Sanjay Thakur v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.66980 of 2018 Arising Out of PS. Case No.-314 Year-2018 Thana- BAHERA DistrictDarbhanga ==================================================== Sanjay Thakur S/o Ram Udit Thakur Resident of VillageMakarampur,Police Station- Bahere,Distt.-Darbhanga ... ... Petitioner/s

Versus

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

For the Petitioner/s:

Mr.Ashok Kumar Prasad,Adv For the Opposite Party/s :

Mr.Rajendra Prasad Nat, APP ==================================================== == CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 04-01-2019 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner apprehends his arrest for the offences alleged under Sections 384 IPC registered in connection with Bahera P.S.Case No. 314 of 2018/ G.R. No. 346/2018.

3. It is submitted that the petitioner has been falsely implicated owing to village politics and in any event the petitioner undertakes to deposit the amount of Rs. 10,900/- said to be the amount illegally taken by the petitioner from various beneficiaries of Lohiya Swachcha Bihar Abhiyan Scheme. The petitioner claims clean antecedents.

4. Having regard to the entirety of the facts and

Patna High Court Cr.Misc. No.66980 of 2018(2) dt.04-01-2019 2/3 circumstances, as such, in the event of the petitioner's arrest or surrender before the court below within six weeks from the date of communication of this order, let the above named petitioner 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, Benipur, District Darbhanga, in connection with Bahera P.S.Case No. 314 of 2018/ G.R. No. 346/2018, subject to the conditions as laid down under Section 438 (2) Cr.P.C. and also subject to the following further 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 co-operate 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. (iv) 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.

(v) That the petitioner shall deposit a sum of Rs.

Patna High Court Cr.Misc. No.66980 of 2018(2) dt.04-01-2019 3/3 10,900/- before the learned Court below within a period of four weeks from today and such deposit shall be subject to result of the trial.

(Vikash Jain, J) Chandran/- U