Aditya Kumar Thakur v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.37195 of 2021 Arising Out of PS. Case No.-23 Year-2021 Thana- DESARI District- Vaishali ====================================================== Aditya Kumar Thakur S/O Rajesh Kumar Thakur R/O Village-Sultanpur, P.SDesari, District-Vaishali. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Mukesh Kumar Singh For the Opposite Party/s :

Mr.Md. Iftekhar Mahmood.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 2.

17-09-2021 Heard learned counsel for the parties through video conferencing.

The petitioner seeks bail in Desari P.S. Case No. 23 of 2021, registered for the offence under Section 392 of the Indian Penal Code.

As per the prosecution case, three miscreants intercepted the informant's motorcycle and took away his bag containing Samsung 4G tablet, Biometic I-Card, Pan Card and other documents alongwith mobile phone of the informant and thereafter, threw the key of his motorcycle at some distance and fled away.

Petitioner is not named in the FIR. Name of the petitioner has surfaced during course of investigation. No incriminating article has been recovered from the possession of the petitioner. From perusal of seizure list, it is apparent that ICard and other valuable items of informant have been recovered

Patna High Court CR. MISC. No.37195 of 2021(2) dt.17-09-2021 2/2 from the house/hut of co-accused Jitu Singh and petitioner has no concern with co-accused Jitu Singh or his hut. Till date, petitioner has not been put on T.I.Parade and he is in custody since 18.02.2021.

Learned A.P.P. for the State has opposed the bail petition.

Considering the aforesaid facts and circumstances, the bail petition of petitioner is allowed. Let the above named petitioner 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 A.C.J.M. - 15th, Vaishali at Hajipur in connection with Desari P.S. Case No. 23 of 2021, on the following conditions:

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

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

(Prabhat Kumar Singh, J.) anay U T