Shreekant Thakur @ Gappu v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.40683 of 2020 Arising Out of PS. Case No.-276 Year-2019 Thana- KASIMBAZAR District- Munger ====================================================== SHREEKANT THAKUR @ GAPPU son of Sri Munna Thakur Resident of Mohalla- Ghoshi Tola, P.S.- Kasim Bazar, District- Munger ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ratnakar Ambastha For the Opposite Party/s :

Mr.A.G ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 08-04-2021 This matter is taken up for consideration through Video Conferencing under the orders of Hon'ble the Chief Justice.

Heard both parties.

The petitioner seeks bail in Kasim Bazar P.S. Case No. 276 of 2019, registered for the offence punishable under Sections 457/380 of the Indian Penal Code.

As per the prosecution case, some unknown miscreants committed theft of ornaments and clothes in the house of informant while he had gone to Delhi. It is submitted on behalf of the petitioner that petitioner is not named in the FIR. During course of investigation, the petitioner was arrested in another case bearing Kasim Bazar Case No. 78 of 2020 and he confessed his guilt in

Patna High Court CR. MISC. No.40683 of 2020(3) dt.08-04-2021 2/3 his confessional statement that he was also involved in the instant case and the confession of petitioner before the police has got no evidentiary value in the eye of law. No incriminating article has been recovered from possession of this petitioner. No test identification parade has been held till date. Petitioner is accused in five more cases and in all those cases, he is on bail. Petitioner is in custody since 25.08.2020.

Considering the fact that no incriminating article has been recovered from the petitioner and till date petitioner has not been put on TIP, the petitioner above-named, is directed to 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 the learned Chief Judicial Magistrate, Munger in connection with Kasim Bazar P.S. Case No. 276 of 2019, subject to following conditions:- (i) The petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the Court and in the event of failure on two consecutive dates without sufficient reasons, his bail bond shall be liable to be cancelled by the court below.

(ii) If the petitioner tampers with the evidence or the

Patna High Court CR. MISC. No.40683 of 2020(3) dt.08-04-2021 3/3 witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner. (Prabhat Kumar Singh, J) vinita/- U T