Pintu Thakur @ Rajiv Ranjan Thakur v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.40244 of 2022 Arising Out of PS. Case No.-186 Year-2020 Thana- VIDYAPATINAGAR DistrictSamastipur ====================================================== Pintu Thakur @ Rajiv Ranjan Thakur S/o Ram Dulare Thakur @ Chetu Thakur @ Ram Kumar Thakur Resident of Kalyanpur Basti, P.S.- Mohiuddinagar, Distt.- Samastipur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sushil Kumar Jha, Advocate For the Opposite Party/s :

Mr.Ram Anurag Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 11-10-2022 Heard learned counsel for the petitioner and the learned APP for the State.

Let the defect(s) be removed within four weeks of the complete start of the physical Court in normal course. The petitioner is in judicial custody in connection with Vidyapatinagar P.S. Case No.186 of 2020 instituted under Section 392 of the IPC.

As per the prosecution story, the informant has alleged that when he along with driver was moving on the vehicle loaded with potato, he was intercepted by the accused persons on the point of pistol and they later drove away with the vehicle. Two of them were identified as Pintu Thakur and Chandan Thakur, Pintu Thakur being the petitioner herein. Learned counsel for the petitioner submits that due to local politics, he has been implicated. It is his submission that

Patna High Court CR. MISC. No.40244 of 2022(2) dt.11-10-2022 2/3 his forefather had donated a land for 'Thakurbari' which is being illegally usurped by the informant side and the same was objected by the petitioner leading to the present case. Learned APP opposes the prayer for bail.

Taking into account the aforesaid fact as also that he is in custody since 28.05.2022, charge-sheet stands submitted, this Court is inclined to grant him privilege of bail with conditions.

Let the petitioner be released on bail on furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each in connection with Vidyapatinagar P.S. Case No.186 of 2020 to the satisfaction of learned ACJM,III, Dalsinghsarai, Samastipur, subject to following conditions:

(i) one of the bailor should be the family member of the petitioner who shall provide official document to show his/her bona fide;

(ii) the petitioner shall appear on each and every date before the Trial court and failure to do so for two consecutive dates without plausible reason will entail cancellation of his/her bail bond by the Trial court itself;

(iii) the petitioner shall appear before the concerned

Patna High Court CR. MISC. No.40244 of 2022(2) dt.11-10-2022 3/3 police station every fortnight for next six months to mark attendance;

(iv) the petitioner shall in no way try to induce or promise or threat the witnesses or tamper with the evidences, failing which the State shall be at liberty to take steps for cancellation of the bail bonds;

(v) the petitioner shall desist from committing any criminal offence again failing which the State shall be at liberty to take steps for cancellation of the bail bonds. With the aforesaid observations, the bail application is allowed.

(Rajiv Roy, J) Prakash Narayan /- U T