Teja Thakur @ Ravi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.43795 of 2022 Arising Out of PS. Case No.-47 Year-2022 Thana- KAMTAUL District- Darbhanga ====================================================== Teja Thakur @ Ravi, S/o Ranjeet Thakur R/o village- Brahampur, P.S.- Kamtaul, District- Darbhanga ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Chandra Shekhar Anand, Advocate For the Opposite Party/s :

Md. Ataur Rahman, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 01-02-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.

Let the defect (s), if any, as pointed out by the office, be removed within a period of four weeks. In the present case, the petitioner seeks bail in connection with Kamtaul P.S. Case No. 47 of 2022 registered for the alleged offences under Sections 436 and 34 of the Indian Penal Code.

As per prosecution case, due to previous dispute, the petitioner and one unknown co-accused set the shop of the informant on fire causing loss of approximately Rs. 1,00,000/-. Learned counsel for the petitioner submits that petitioner has been falsely implicated in this case due to previous grudge and enmity. It is not believable that the

Patna High Court CR. MISC. No.43795 of 2022(3) dt.01-02-2023 2/3 informant saw the petitioner putting fire to his shop in dead of night. Learned counsel further submits that the F.I.R. has been lodged after delay of two days and there is no explanation for the same. It shows after thought and due deliberation. Charge sheet has been submitted in this case and the petitioner is in custody since 17.03.2022.

Learned A.P.P. for the State opposes the prayer for bail of the petitioner submitting that the informant and other witnesses have supported that this petitioner has set the shop of the informant on fire. Learned A.P.P. further submits that petitioner is having criminal history.

Having regard to the facts and circumstances and submission made on behalf of the parties and considering the submission of charge sheet along with period of custody of the petitioner, the petitioner above named is directed to be released on bail on furnishing bail bond of Rs. 20,000/- (twenty thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate 1st Class, Darbhanga in connection with Kamtaul P.S. Case No. 47 of 2022, subject to the conditions mentioned in Section 437(3) of the Code of Criminal Procedure and also the following conditions: (i) One of the bailors will be a close

Patna High Court CR. MISC. No.43795 of 2022(3) dt.01-02-2023 3/3 relative of the petitioner.

(ii) The petitioner will remain present on each and every date fixed by the court below.

(iii) In case of absence on three consecutive dates or in violation of the terms of the bail, the bail bond of the petitioner will be liable to be cancelled by the court concerned.

(Arun Kumar Jha, J) daya/- U T