Rajan Kumar Thakur @ Narayan Kumar @ Narayan Thakur v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.75556 of 2018 Arising Out of PS. Case No.-215 Year-2016 Thana- JALE District- Darbhanga ====================================================== RAJAN KUMAR THAKUR @ NARAYAN KUMAR @ NARAYAN THAKUR Son of Sanjay Thakur Resident of Village-Ratanpur,Police StationKamtoul,Distt.-Darbhanga ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Mazharul Hassan For the Opposite Party/s :

Mr. Ram Bachan Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 15-01-2019 Heard learned counsels for the parties.

The petitioner is apprehending arrest in a case registered for the offences punishable under Sections 392 and 411 of the IPC.

The prosecution case is that on 29.10.2016 at 7.30 P.M., the informant was coming to his village home from village Bithauli along with one Suresh Singh on a motorcycle when four miscreants on two motorcycles robbed the informant. It is further alleged that the miscreants took away Rs.7000/- from the informant's pocket and Rs.6000/- and a mobile phone from the pocket of Suresh Singh, leading to registration of FIR against unknown.

It is submitted by learned counsel for the petitioner that the name of the petitioner sprang up on the confession

Patna High Court Cr.Misc. No.75556 of 2018(2) dt.15-01-2019 2/3 of co-accused Madhav Kumar Thakur. However, there is no recovery from the petitioner. It is further submitted that the alleged motorcycle was recovered from an abandoned place. Statement has been made in paragraph 3 of the petition that the petitioner is not having any criminal antecedent. Moreover, the person on whose confession the petitioner has been roped in the present case, has been granted bail.

Learned APP submits that the name of the petitioner sprang up in the confession of co-accused.

Considering the fact that recovery has not been made from the petitioner and the statement made in paragraph 3 of the petition that the petitioner is not having any criminal antecedent, let the petitioner above named be released on anticipatory bail in the event of arrest or surrender within 12 weeks on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned CJM, Darbhanga in connection with Jalley P.S. Case No.215 of 2016 subject to the conditions laid down in Section 438(2) of the Cr.P.C.

The learned Court below will be at liberty to

Patna High Court Cr.Misc. No.75556 of 2018(2) dt.15-01-2019 3/3 cancel the bail bonds of the petitioner in case he defaults on three consecutive occasions.

(Dinesh Kumar Singh, J) anil/- U