Ajay Thakur v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.36112 of 2021 Arising Out of PS. Case No.-25 Year-2020 Thana- GADHPURA District- Begusarai ====================================================== Ajay Thakur Son of Late Satya Narayan Thakur Resident of Village- Rajaur, P.S.- Garhpura, District- Begusarai.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Pravashankar Mishra For the Opposite Party/s :

Mr.Sucheta Yadav ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 06-12-2021 Let the defects, if any, be removed within four weeks of the complete start of the Physical Court.

Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. Petitioner seeks bail in a case registered in connection with G.R.Case No. 880 of 2020 arising out of Garhpura P. S Case No. 25 of 2020 for the offences punishable under Section 392 of the Indian Penal Code .

According to the prosecution case, informant ( Manzoor Alam) on 17.03.2020 going to Garhpura Branch for depositing cash of Rs.1,33,700/-,three miscreants on motorcycle stopped him and snatched his cash by threatening with pistol and fled away.

Learned counsel for the petitioner submits that

Patna High Court CR. MISC. No.36112 of 2021(2) dt.06-12-2021 2/3 petitioner is not named in the F.I.R and has falsely been implicated in this case on the basis of confessional statement of co-accused of Alauli P.S.Case No. 102 of 2020. Nothing has been recovered from possession of the petitioner. No T.I.P has been done by the prosecution. He is in jail custody since 17.12.2020.

The learned A.P.P opposed the prayer for bail of the petitioner and submits that except this case, petitioner is having one case, which manifests in Paragraph-3 of the petition. Considering the aforesaid facts and circumstances as well as submissions of the parties and period of detention of the petitioner, 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 learned Chief Judicial Magistrate, Begusarai in connection with Garhpura P.S.Case No. 25 of 2020 ,subject to the following conditions;-

1. Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the court and on their absence on two consecutive dates without sufficient reason, their bail bond shall be cancelled by the Court below.

Patna High Court CR. MISC. No.36112 of 2021(2) dt.06-12-2021 3/3

2. If the petitioner tamper with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

3. And further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage it is found that the petitioners have concealed their criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.

(Rajesh Kumar Verma, J) N.K/- U