Rintu Thakur @ Tintu Thakur v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.29468 of 2018 Arising Out of P.S.Case No. -296 Year- 2017 Thana -ROHTAS District- SASARAM (ROHTAS) ====================================================== Rintu Thakur @ Tintu Thakur, son of Meghanath Thakur, Resident of Village- Khajuri, Police Station- Rohtas, District- Rohtas at Sasaram. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Raghunandan Kumar Singh For the Opposite Party/s : Mr. Sanjay Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY KUMAR ORAL ORDER 07-06-2018 Heard learned counsel for the petitioner and the learned APP for the State.

The petitioner is in custody in connection with Rohtas P.S.Case No.296 of 2017 registered for an offence under Sections 25(1-B)A, 26 and 35 of the Arms Act.

It has been alleged that one Dudheshwar Prasad has been kidnapped and was being kept in the house of Shatrughan Paswan whereafter the police party had surrounded the house of said Shatrughan Paswan and two persons including the petitioner were apprehended with various articles, cash and two live cartridges were also recovered.

The learned counsel for the petitioner submits that so far allegation against this petitioner is concerned, a country made

Patna High Court Cr.Misc. No.29468 of 2018 (3) dt.07-06-2018 2/3 pistol was allegedly recovered. The alleged seizure was prepared implicating the petitioner at the instance of enemies of the petitioner. The seizure list does not bears signature of any independent or local witnesses. The petitioner has clean antecedent except one case bearing Nasriganj P.S.Case No.208 of 2017 in which he is on bail as per order passed in Cr.Misc.No.24040 of 2018. The other co-accused Satrudhan Paswan has already been allowed bail by one of the coordinate Bench of this Court in Cr.Misc.No.28460 of 2018. The learned APP opposed the submissions.

Considering the facts and circumstances of the case, prayer for bail is allowed. Let the above named petitioner be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Judicial Magistrate-Ist Class, Rohtas at Sasaram in connection with Rohtas P.S.Case No.296 of 2017. (i) One of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the concerned Court.

(ii) The petitioner will not induce any witness or tamper with the evidence.

(iii) The petitioner shall cooperate in the disposal of trial and make themselves available as and when required by the court and on the event of failure on his part to appear before the court below on two consecutive dates without showing any

Patna High Court Cr.Misc. No.29468 of 2018 (3) dt.07-06-2018 3/3 genuine reasons, the prosecution is free to move for cancellation of his bail.

(Sanjay Kumar, J) B.Kr./- U T