Patna High CourtCR. MISC./35822/2019bail granted

Ghanshyam Thakur v. The State Of Bihar

2019-06-04Mr. Justice Rakesh Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.35822 of 2019 Arising Out of PS. Case No.-556 Year-2018 Thana- SAKRA District- Muzaffarpur ====================================================== Ghanshyam Thakur, aged about 30 years, Male, son of Naresh Thakur, Resident of village - Mani Bhakurahar, P.S. Sarai, District - Vaishali ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Sri Nachiketa Jha For the Opposite Party/s :

Sri Satya Nand Shukla ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 04-06-2019 Heard Sri Nachiketa Jha, learned counsel for the petitioner and Sri Satya Nand Shukla, learned Additional Public Prosecutor.

The sole petitioner, who is in custody since 10.12.2018 as stated in paragraph 10 of the petition, has prayed for grant of bail in connection with Sakra P.S. Case No. 556 of 2018, registered for the offence under Section 399, 400, 402, 413, 414/34 of the Indian Penal Code, 1860 and Section 25(1-b) a / 26 / 35 of the Arms Act, 1959.

Learned counsel for the petitioner submits that petitioner has falsely been apprehended on an accusation of recovery of one loaded country made pistol with one live cartridge. He submits that there was no material to establish that petitioner along with others had assembled for committing

Patna High Court CR. MISC. No.35822 of 2019(2) dt.04-06-2019 2/2 dacoity or he was preparing for committing dacoity. It has also been argued that only in the case charge sheet has been submitted and trial has not commenced.

Learned Additional Public Prosecutor has opposed the prayer for bail. However, considering the nature of accusation, period of custody as well as submission made by learned counsel for the petitioner that case has not proceeded till date, let the petitioner - Ghanshyam Thakur be enlarged 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. - 4th, Muzaffarpur, East / concerned court in connection with Sakra P.S. Case No. 556 of 2018 with condition that one of the bailors must be blood relation of the petitioner.

(Rakesh Kumar, J) praful/- U T