Sohit Kumar Thakur @ Rohit Thakur v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.31482 of 2023 Arising Out of PS. Case No.-95 Year-2022 Thana- PARBATTA District- Bhagalpur ====================================================== Sohit Kumar Thakur @ Rohit Thakur S/O Bharat Thakur R/O VillageDhobinia, P.S- Naugachia, Distt.- Bhagalpur. ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mrs. Pallavi Lala, Advocate For the Opposite Party/s :

Mr. Nagendra Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 07-07-2023 Heard learned counsel appearing on behalf of the petitioner and learned counsel appearing on behalf of the State. Let the defect(s), if any, be removed within a period of four weeks from today.

The petitioner seeks bail in connection with Parbatta P.S. Case No. 95 of 2022 registered for the offence under Sections 392 of the Indian Penal Code.

The accused/petitioner is not named in the F.I.R. and is in custody since 19.10.2022.

The allegation against this petitioner is to commit robbery alongwith other co-accused persons while committed so looted cash of Rs. 1.44 lacs.

Learned counsel appearing on behalf of the petitioner submitted that the petitioner is not named in F.I.R. and his name

Patna High Court CR. MISC. No.31482 of 2023(2) dt.07-07-2023 2/3 surfaced during the course of investigation on the basis of confessional statement of apprehended co-accused namely, Chandan Kumar in Naugachia P.S. Case No. 262/2022, in furtherance of which no incriminating material recovered to incriminate petitioner with present occurrence of robbery. It is submitted that petitioner was not put on TIP, as yet. While concluding the argument, it has been submitted that petitioner found involved in one more criminal case, where he is on bail and moreover, investigation of this case is completed, for which charge-sheet has already submitted, as such, there is no chance of tampering with the evidence.

Learned APP opposes the prayer of bail.

Considering the facts and circumstances as mentioned above, as save and except confessional statement of co-accused Chandan Kumar, no incriminating material appears to be recovered from his possession, coupled with the fact that charge-sheet has already submitted, where petitioner is in custody since 19.10.2022, accordingly the petitioner, above named, is directed to be released on bail in connection with Parbatta P.S. Case No. 95 of 2022 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief

Patna High Court CR. MISC. No.31482 of 2023(2) dt.07-07-2023 3/3 Judicial Magistrate-III, Naugachia, Bhagalpur/concerned Court, subject to the conditions as mentioned under Section 437(3) of the Cr.P.C.

(Chandra Shekhar Jha, J) Archana/- U T