Shankar Thakur @ Shankar Kumar Thaku @ Shankar Kumar Thakur v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.35691 of 2022 Arising Out of PS. Case No.-152 Year-2022 Thana- TARAIYA District- Saran ====================================================== SHANKAR THAKUR @ SHANKAR KUMAR THAKU @ SHANKAR KUMAR THAKUR S/O-BUNNILAL THAKUR R/O- VILL- MORIYA ,P.S.- PANAPUR DIST.- SARAN AT CHAPRA ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Jeetendra Narayan For the Opposite Party/s :

Mr.Madan Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL ORDER 18-07-2022 Let the defect(s), as pointed out by the office, be removed within a period of four weeks from today. Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks bail in connection with Taraiya P.S. Case No. 152 of 2022 registered for the offences punishable under Sections 341, 323, 379, 386, 34 of the Indian Penal Code.

As per prosecution case, there is accusation against the petitioner and others is that they snatched chain made of gold from the neck, mobile with the sim card bearing no. 7759818660, 6201344384, and Rs. 3500/- from jeans pant of Amit and Rs. 300/- cash, mobile bearing sim card no.

Patna High Court CR. MISC. No.35691 of 2022(2) dt.18-07-2022 2/3 9354376776 and the motorcycle from the informant and showing the pistol petitioner and others fled away towards south side.

Learned counsel for the petitioner submits that petitioner is in custody since 10.05.2022. Petitioner bears no criminal antecedent. Learned counsel further submits that petitioner got a LIC Policy from one Arbind Kumar Singh (brother of the informant), who is LIC Agent, in due course the petitioner has given premium money for deposit in branch. When the petitioner asked about the LIC Premium from the brother of informant and on account of asking to give the receipt to the petitioner the said case has falsely been filed against the present petitioner as same was on Annexure-2 of the bail petition.

The learned A.P.P. for the State vehemently opposes the prayer for bail of the petitioner as the petitioner is named in F.I.R. and there is a direct allegation to snatch mobile as well as money in cash from the informant and others. Considering the facts and circumstances of the case as well as period of custody, keeping in view clean antecedent of the petitioner, and also taking into consideration the material available on record, let the petitioner above named be released

Patna High Court CR. MISC. No.35691 of 2022(2) dt.18-07-2022 3/3 on bail after framing of charge 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 Judicial Magistrate 1st, Saran at Chapra in connection with Taraiya P.S. Case No. 152 of 2022, subject to following conditions:- (i) One of the bailors shall be either father or mother or sister or brother or wife or the person who has sworn the affidavit in bail application.

(ii) Petitioner will co-operate in trial and will remain present on all dates and absence for two consecutive dates without appropriate permission would be a ground for cancellation of bail by the learned Trial court itself.

(iii) 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.

(Alok Kumar Pandey, J) amitkr/- U T