Patna High CourtCR. MISC./5363/2017bail granted

Lalan Thakur v. The State Of Bihar

2017-02-06Mr. Justice Vikash Jain2 pages

Patna High Court Cr.Misc. No.5363 of 2017 (2) dt.06-02-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.5363 of 2017 Arising Out of PS.Case No. -326 Year- 2016 Thana -AURANGABAD TOWN DistrictAURANGABAD ====================================================== Lalan Thakur son of Brij Kishore Thakur, resident of Village- Tami Khap, P.S. Aurangabad, District- Buxar.

.... .... Petitioner

Versus

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

For the Petitioner : Mr. Bachan Jee Ojha, Advocate. For the Opposite Party : APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 06-02-2017 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner is in custody since 04.11.2016 in connection with Aurangabad (T) P.S. Case No. 326 of 2016 for the offences alleged under Sections 457 and 380 of the Indian Penal Code.

3. It is submitted that the petitioner has been falsely implicated on mere suspicion and only on confessional statement of co-accused before the police. The F.I.R. itself is against unknown persons No recovery of the stolen articles has been made from the petitioner. The petitioner is on bail in respect of the earlier cases in which he has been made accused.

4. 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/-(ten thousand) with two sureties of like amount each to the satisfaction of learned Chief Judicial Magistrate, Aurangabad, in connection with Aurangabad (T) P.S. Case No. 326 of 2016, on the following conditions:-

Patna High Court Cr.Misc. No.5363 of 2017 (2) dt.06-02-2017 (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/BT U T