Bharat Thakur v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.3437 of 2015 ======================================================

1. Bharat Thakur S/O Late Satyanarayan Thakur Resident of vill-Aura Malikana,P.S-Tariyani,Distt.-Sheohar .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sunil Prasad Singh For the Opposite Party/s : Mr. Meena Singh(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 20-04-2015 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner is not named in the first information report and while rejecting the prayer for bail of the petitioner, learned Additional Sessions Judge-III, Sitamarhi referred paragraphs-58, 67, 85 & 90 of the case diary and observed that there was sufficient material against the petitioner in the abovesaid paragraphs but I found nothing against the petitioner in the said paragraphs and it appears to me that learned Additional Sessions Judge-III, Sitamarhi referred the aforesaid paragraphs of the case diary without going through the said paragraphs. However, learned counsel appearing for the petitioner submits that the name of the petitioner came in

Patna High Court Cr.Misc. No.3437 of 2015 (3) dt.20-04-2015 2/2 confessional statement of co-accused in the year, 2014 and thereafter, the petitioner was remanded in this case. Taking into consideration the aforesaid facts and circumstances as well as submission of the parties, let the petitioner named above, be released on bail on furnishing bail bond of Rs 10,000/- (ten thousand) with two sureties of the like amount each in connection with Riga P.S. Case No. 50 of 2007 to the satisfaction of Chief Judicial Magistrate, Sitamarhi. However, learned Additional Sessions Judge-III, Sitamarhi who has passed the impugned order dated 22-12-2014 in B.P. No. 1278 of 2014 is warned to be more cautious and vigilant while passing orders on bail petitions. (Hemant Kumar Srivastava, J) A.K.V./- U T