Devendra Thakur @ Lutkun v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.71348 of 2018 Arising Out of PS. Case No.-40 Year-2018 Thana- JHANJHARPUR District- Madhubani ====================================================== Devendra Thakur @ Lutkun Son of Balgovind Thakur, resident of village Kadirabad P.S. L.N.M.U. Darbhanga,Dist-Darbhanga ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Md. Soban Asghar For the Opposite Party/s :
Mr.Sri Tarkeshwar Nath Thakur ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 01-08-2019 Heard learned counsel for the petitioner and learned APP for the State.
The petitioner seeks bail in a case registered under Sections 395/412 of the Indian Penal Code.
Prosecution case in short is that in course of proceeding for business, when the informant reached near a Petrol pump, the accused persons intercepted him and on the point of pistol, snatched Rs. 35,000/- from him.
It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner is in custody since 16-03-2018. Charge sheet has already been submitted. The petitioner is not named in the FIR. His name transpired in this case on the basis of confessional
Patna High Court CR. MISC. No.71348 of 2018(5) dt.01-08-2019 2/2 statement of co-accused, Sonu Kumar Sahani. Except for this, there is no other substantive evidence to suggest the implication of the petitioner in the present case. There is no recovery of any incriminating article from possession of the petitioner. On behalf of the State, it is submitted that the petitioner is not named in the Complaint Case/F.I.R.
Considering the aforesaid facts and circumstances, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-Ist, Jhanjharpur, Madhubani in connection with Jhanjharpur P.S. Case No. 40 of 2018. (Sudhir Singh, J) A.K.V.//- U T