Dilip Thakur v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.40684 of 2018 Arising Out of PS.Case No. -18 Year- 2018 Thana -SAKATPUR District- DARBHANGA ======================================================

1. Dilip Thakur S/o Ram Sunder Thakur R/o Village - Naruar, P.S. - Bhairavsthan, District - Madhubani.

.... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Dr. Satyendra Kumar Srivastava For the Opposite Party/s : Mr. Sri Navin Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 24-09-2018 The petitioner is in custody since 07.05.2018 in connection with Sakatpur P.S. Case No. 18 of 2018, registered for offences punishable under Sections 461 and 379 of the Indian Penal Code.

Allegation as per F.I.R. is of commission of theft in mobile shop and taken away mobile and other articles worth Rs. 1,50,000/- and the petitioner is not named in F.I.R. It has been submitted on behalf of the petitioner that the petitioner has been made accused only on the basis of confessional statement of co-accused person and it is alleged that three mobile phones were recovered from his possession and petitioner has no criminal antecedents. Further submission is that other accused person having similar allegation and whose

Patna High Court Cr.Misc. No.40684 of 2018 (3) dt.24-09-2018 2/3 possession also, there is recovery of four mobile phones has already been granted privilege of bail by a Coordinate Bench of this Court vide order dated 24.08.2018 passed in Cr. Misc. No. 38531 of 2018 and petitioner is in custody since 07.05.2018. Heard learned A.P.P. also.

Having heard both sides and considering the aforementioned facts and circumstances, let the petitioner above named, be released on bail on furnishing bail bonds of Rs. 25,000, (Rs. Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M.-4, Darbhanga, in connection with Sakatpur P.S. Case No. 18 of 2018, with following conditions:- (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 himself available as and when required by the court and on the event of failure on his

Patna High Court Cr.Misc. No.40684 of 2018 (3) dt.24-09-2018 3/3 part to appear before the court below on two consecutive dates without showing any genuine reasons, the prosecution is free to move for cancellation of his bail.

(Vinod Kumar Sinha, J) sunil/Amjad/- U T