Raju Kumar Thakur v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.61377 of 2022 Arising Out of PS. Case No.-177 Year-2022 Thana- TEGHRHA District- Begusarai ====================================================== RAJU KUMAR THAKUR S/O Late Nilamber Kumar @ Nilamber Kumar Thakur, R/O Vill- Devra , P.S- Dalsinghsarai, Distt- Samastipur. ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Kedar Jha For the Opposite Party/s :

Mr.Ram Sumiran Rai ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 04-04-2023 Heard the learned counsel for the petitioner as well as the learned Additional Public Prosecutor for the State. The petitioner is seeking regular bail in connection with Teghra P.S. Case No. 177 of 2022 registered for offence punishable under sections 406, 420, 419, 468/34 of the Indian Penal Code.

The police got a secret information that some miscreants were engaged in smuggling of illegal arms and gold. The place of occurrence was raided. Five accused persons were apprehended and from the possession of the petitioner, 1.800 Kg. of metal biscuit like gold was recovered. The learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case and he is a person of clean antecedent and other co-

Patna High Court CR. MISC. No.61377 of 2022(3) dt.04-04-2023 2/3 accused persons, namely, Aman Kumar and Md. Kurban have been granted bail by a coordinate Bench of this Court in Cr. Misc. Nos. 47330 and 48779 of 2022.

On the other hand, the learned APP has opposed the prayer for bail.

Considering the above-mentioned facts and circumstances, let the petitioner above-named be released on bail on furnishing bail bonds of Rs.10,000/- (ten thousand rupees) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Begusarai in connection with Teghra P.S. Case No. 177 of 2022, subject to the following conditions:- (i) At the time of furnishing bail bond, the petitioner shall file an affidavit to the effect that he shall not indulge himself in future in the similar type of offence. If it is found so, the prosecution will have liberty to file an application before the court below for cancellation of the bail of the petitioner and the learned court below will take decision in accordance with law.

(ii) If the petitioner is found involved in future in the similar type of offence, the prosecution will have liberty to file an application before the court below for

Patna High Court CR. MISC. No.61377 of 2022(3) dt.04-04-2023 3/3 cancellation of the bail of the petitioner and the learned court below will take decision in accordance with law.

(Nawneet Kumar Pandey, J) Mahesh/- U T