Binod Thakur v. The State Of Bihar

Patna High Court Cr.Misc. No.19766 of 2016 (2) dt.12-05-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.19766 of 2016 Arising Out of PS.Case No. -82 Year- 2015 Thana -KOCHAS District- SASARAM (ROHTAS) ======================================================

1. Binod Thakur Son of Late Shushil Thakur, Resident of village - Dhawdarh, P.S. Sasaram ( M ), District - Rohtas .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Rajani Kant Singh For the Opposite Party/s : Mr. Sanjay Kr.Pandey(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 12-05-2016 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner is accused in connection with Kochas (Parsathua) P.S. Case No.82/2015 registered under Section 395 and 412 of the Indian Penal Code.

The accusation is that on 28.06.2015 when the informant after loading potato on the truck bearing registration no. UP 78 CN 8817 reached near Maa Annapurna Hotel, Sailasa, ten unknown miscreants came down from the Scorpio vehicle surrounded him and his helper and snatched two mobiles and ten thousand cash and also snatched the mobile and three thousand cash from the helper of the informant and thereafter fled away.

Patna High Court Cr.Misc. No.19766 of 2016 (2) dt.12-05-2016 Learned counsel for the petitioner submits that the petitioner is not named in the F.I.R and the name of the petitioner has come in the confessional statement of co-accused Munna Choudhary and Sanjay Choudhary @ Sipahi Choudhary. Except confessional statement, there is no tangible material has been collected against the petitioner. Further submission is that in fact the petitioner is accused in four cases as detailed in para-3 of the petitioner and due to that reason, the petitioner has falsely been implicated in the present case by the police and is in custody since 17.12.2015 but he has not been put on T.I.P.

Having regard to the facts and circumstances of the case, the petitioner, above named, is directed to be released on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, Sasaram at Rohtas in connection with Kochas (Parsathua) P.S. Case No. 82/2015.

(Rajendra Kumar Mishra, J.) Amit/- U