Rishikesh Thakur @ Khauf @ Budha v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.61907 of 2021 Arising Out of PS. Case No.-41 Year-2020 Thana- MOTIPUR District- Muzaffarpur ====================================================== Rishikesh Thakur @ Khauf @ Budha, Son of Devendra Thakur Resident of Village - Patahi Roop, P.s.- Sadar, Distt.- Muzaffarpur. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Ms.Vaishnavi Singh, Advocate For the Opposite Party/s :
Mr. Jitendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 08-08-2022 Heard Ms. Viashnavi Singh, learned counsel for the petitioner and Mr. Jitendra Kumar Singh, learned APP who represents the State.
Let the defect(s) be removed within four weeks of the complete start of the physical Court in normal course. The petitioner is in judicial custody in connection with Motipur P.S. Case No.41 of 2020 instituted under Section 395 of the Indian Penal Code.
It is a case of loot of the Bank in which it is alleged that Rs.13,53,810/- was looted from the Bank of India, Motipur Branch, Muzaffarpur. The petitioner is alleged to be one of them. The case was registered against unknown by the Branch Manager, Mr. Amarjeet Kumar Singh. .
Learned counsel for the petitioner submits that the case was registered against unknown. Subsequently the name of
2/4 the petitioner cropped up in course of investigation on the confessional statement of one Ranjeet Thakur @ Appu, whereafter he was arrested on 28.07.2020 (as stated in para-19 of the bail application). She further submits that the said Ranjeet Thakur @ Appu on whose confessional statement the name of the petitioner was disclosed, has since been granted bail vide Cr. Misc. No.5694 of 2021 on 12.04.2021 by a co-ordinate Benches of this Court. She further submits that the other accused persons have also been granted bail vide Cr. Misc. No.11335 of 2021 on 08.07.2021, Cr. Misc. No.12910 of 2021 on 17.06.2021, Cr. Misc. No.14253 of 2021 on 01.09.2021, Cr. Misc. No.14278 of 2021 on 07.09.2021 and Cr. Misc. No.31720 of 2021 on 26.08.2021.
Mr. Jitendra Kumar Singh, learned APP submits that it is a Bank dacoity and the petitioner's name has come up in course of investigation. He however concedes that the person Ranjeet Thakur @ Appu, on whose confessional statement the name of the petitioner cropped up, has since been released on bail.
Taking into account the aforesaid facts including the period of incarceration of the petitioner as also that charge sheet stands submitted and the other co-accused including Ranjeet
3/4 Thakur @ Appu have since been granted bail, this Court is inclined to grant him privilege of bail with strict conditions considering the fact that he has criminal antecedent of same nature.
Let the petitioner be released on bail on furnishing bail bond of Rs.20,000/-(Rupees Twenty Thousand) with two sureties of the like amount each in connection with Motipur P.S. Case No.41 of 2020 to the satisfaction of learned Additional Sessions Judge, 19th, Muzaffarpur, subject to following conditions:
(i) one of the bailor should be the family member of the petitioner, who shall provide official document to show his/her bona fide;
(ii) the petitioner shall appear on each and every date before the Trial court and failure to do so for two consecutive dates without plausible reasons will entail cancellation of his bail by the Trial court itself;
(iii) the petitioner shall appear before the concerned police station every month till conclusion of the trial to mark his presence;
(iv) the petitioner shall in no way try to induce or promise or threat the witnesses or tamper with the evidence,
4/4 failing which the State shall be at liberty to take steps for cancellation of his bail bonds;
(v) the petitioner shall desist from committing any criminal offence again failing which the State shall be at liberty to steps for cancellation of his bail bonds.
With the aforesaid observations, the bail application is allowed.
(Rajiv Roy, J) Prakash Narayan /- U T