Praveen Thakur v. The State Of Bihar

Patna High Court Cr.Misc. No.3504 of 2017 (2) dt.27-02-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.3504 of 2017 Arising Out of PS.Case No. -424 Year- 2016 Thana -BEGUSARAI TOWN District- BEGUSARAI ====================================================== Praveen Thakur, S/o Kailash Thakur, Resident of Village- Cheriya Bariyarpur, P.S.- Cheriya Bariyarpur, District- Begusarai. .... Petitioner

Versus

The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Manoj Kumar For the Opposite Party/s : Mr. Sri Satya Nand Shukla ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 27-02-2017 Heard learned counsel for the petitioner and learned counsel representing the State.

The petitioner seeks bail in connection with Begusarai Town P.S. Case No. 424 of 2016 registered for the offences punishable under Sections 420, 379, 411 and 414 of the Indian Penal Code.

Allegedly, the petitioner withdrew Rs. 10,000/- from the account of the informant by using her ATM on the pretext to help her and the Police apprehended the petitioner and from his possession amount of Rs. 10,000/-, Aadhar Card, PAN Card, Driving License, two ATM of State Bank of India, one ATM of Central Bank of India and one motorcycle were recovered and the informant identified the petitioner.

Submission is of false implication and that only on suspicion the petitioner has been apprehended, the informant has

Patna High Court Cr.Misc. No.3504 of 2017 (2) dt.27-02-2017 claimed to identify the petitioner only on suspicion, the petitioner ought to have been put on test identification parade and the petitioner is suffering in custody since 12.09.2016. The method of identification is not correct and legal and as such the petitioner deserves sympathetic consideration.

Learned APP opposes the prayer of bail.

In the facts and circumstances stated above, considering the period of detention, the petitioner above named is directed to be released on bail on execution of bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Begusarai in connection with Begusarai Town P.S. Case No. 424 of 2016, subject to the conditions that one of the bailors must be a near relative and another having sufficient immovable property within the territorial jurisdiction of the court concerned and the petitioner shall remain present on each and every date during trial and the default on two consecutive dates on his part without any reason shall disentitle the petitioner from privilege of bail. (Jitendra Mohan Sharma, J) avin/- U T