Mritunjay Thakur v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.47106 of 2019 Arising Out of PS. Case No.-726 Year-2018 Thana- GOPALGANJ TOWN DistrictGopalganj ====================================================== MRITUNJAY THAKUR S/o Late Ramdhyan Thakur R/o village- Basdila Bujurg, P.S.- Tareya Sujan, District- Kushinagar (U.P.) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ranjeet Kumar Pandey For the Opposite Party/s :

Mr.Gauri Shankar Gupta ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 30-07-2019 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner apprehends his arrest for the offences alleged under Sections 341, 427, 353, 120(B), 506, 387 of the Indian Penal Code registered in connection with Gopalganj Town P.S. Case No. 726 of 2018.

3. It is submitted that the petitioner has been falsely implicated on mere suspicion as stated in the FIR itself as the perpetrator of the offence could not be identified in the dark. The petitioner has been implicated merely on the basis that he was the owner of the seized vehicle bearing registration no. UP 2T-0572. However, a categorical denial has been made in para 8 of the petition to the effect that the petitioner is not the owner of the said vehicle. It is therefore submitted that the basis for the petitioner's implication falls. The petitioner claims clean antecedents.

4. Be that as it may, in the event of the petitioner's arrest or surrender before the court below within six weeks from the date of communication of this order, let the above named petitioner be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of learned

Patna High Court CR. MISC. No.47106 of 2019(2) dt.30-07-2019 2/2 CJM, Gopalganj, in connection with Gopalganj Town P.S. Case No. 726 of 2018, subject to the conditions as laid down under Section 438 (2) Cr.P.C. and also subject to the following further conditions: i. That one of the bailors shall be a close relative of the petitioner. ii. That the petitioner shall not indulge in any similar offence till conclusion of the trial.

iii. That the petitioner shall co-operate with the investigation, if not already concluded, and make himself available as and when so required and in case of failure, the State shall be at liberty to move for cancellation of bail.

iv. The petitioner shall remain physically present in Court on each and every date during trial and in the event of failure on two consecutive dates without sufficient reason, his bail bond shall be liable to be cancelled by the learned Court concerned. (Vikash Jain, J) Chandran/- U