Sunil Thakur v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.59919 of 2017 Arising Out of PS.Case No. -144 Year- 2016 Thana -BABUBARHI District- MADHUBANI ====================================================== Sunil Thakur, Son of Suresh Thakur, Resident of Village- Sitapatti, P.S.- Phulpras, District- Madhubani.

.... .... Petitioner

Versus

The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioner : Mr. Gagan Deo Yadav, Advocate. For the Opposite Party : APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 12-12-2017 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner is in custody since 27.09.2017 in connection with Babubarhi P.S. Case No. 144 of 2016 for the offences alleged under Sections 461, 379, 411 and 120(B) of the Indian Penal Code.

3. It is submitted that the petitioner has been falsely implicated on mere suspicion and only on the confessional statement of co-accused persons. The petitioner's case stands on better footing than that of co-accused persons who were arrested from the spot, such as Basant Kumar Das from whom recovery of the statue was made, as well as Sambhu Ram and Pawan Kumar Sah @ Pawan Das, have been grated bail by this Court in Cr. Misc. No. 15804 of 2017, Cr. Misc. No. 8395 of 2017 and Cr. Misc. No. 4987 of 2017 respectively. The petitioner claims clean antecedents.

4. Be that as it may, having regard to the entirety of the facts and circumstances of the case, let the petitioner above named be released on bail on furnishing bail bond of Rs.10,000/-

Patna High Court Cr.Misc. No.59919 of 2017 (2) dt.12-12-2017 (ten thousand) with two sureties of like amount each to the satisfaction of learned Chief Judicial Magistrate, Madhubani, in connection with Babubarhi P.S. Case No. 144 of 2016, on the following 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 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.

(iv) The petitioner shall cooperate 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.

(Vikash Jain, J) Md. Ibrarul/Chandran U T