Rajnish Thakur @ Appu Thakur v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.5694 of 2021 Arising Out of PS. Case No.-41 Year-2020 Thana- MOTIPUR District- Muzaffarpur ====================================================== Rajnish Thakur @ Appu Thakur, Son of Dinesh Thakur, Resident of VillagePatahi Roop, P.S.- Sadar, Distt- Muzaffarpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rajesh Kumar, Advocate For the Opposite Party/s :

Mr. Jai Narayan Thakur, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 12-04-2021 Heard learned counsel for petitioner and learned counsel for the State.

Petitioner, who is in custody, seeks bail in a case registered for the offences punishable under Sections 395 of the Indian Penal Code.

Informant who is Branch Manger of Bank of India, Motipur, Muzaffarpur has alleged that on 17.02.2020 at about 3:15 P.M., more than 6 persons entered in the branch in muffled face with arms. One of them pointed the pistol on his head and other persons took away the cash of Rs. 13,53,810/- from the cash counter. It is also alleged that the accused persons abused and manhandled few customers and also snatched mobile

Patna High Court CR. MISC. No.5694 of 2021(2) dt.12-04-2021 2/3 phones from some customers.

It has been submitted on behalf of the petitioner that he is innocent and has committed no offence. He has been falsely implicated in this case. Petitioner is neither named in the F.I.R. nor put on T.I.P. nor any incriminating article recovered either from his conscious possession or from his house. The name of the petitioner has surfaced in this case on confessional statement of other co-accused persons namely, Bittu Thakur @ Abhishek Kumar, Saket Kumar and Badal Kumar. Petitioner is in custody since 28.07.2020.

Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 20,000/- (twenty thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M.-2nd (West), Muzaffarpur, in connection with Motipur P.S. Case No. 41 of 2020, subject to conditions:

(1) Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.

(2) Petitioner shall co-operate in the trial and shall be represented on each and every date fixed by the court.

Patna High Court CR. MISC. No.5694 of 2021(2) dt.12-04-2021 3/3

(3) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner.

(S. Kumar, J) Rajiv/- U T