Bishwanath Thandar @ Vishwnath Thandar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.70307 of 2019 Arising Out of PS. Case No.-1001 Year-2018 Thana- FORBESGANJ District- Araria ====================================================== Bishwanath Thandar @ Vishwnath Thandar, aged about 38 years, Male, Son of Udyanand Thandar @ Bhola Thandar, Resident of Village- Amhara, P.S.- Forbesganj, District- Araria.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Navin Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 28-11-2019 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks bail in connection with Forbesganj P.S. Case No. 1001 of 2018 registered for the offence under Section 392 of the Indian Penal Code.

As per F.I.R. on 26.12.2018, the informant collected the money of Rs.66,953/- and weas returning to office from Ramai, in the meantime, three miscreants on a motorcycle came and pushed the motorcycle of informant and on the point of gun looted away the collecting amount of Rs.66,953/- and fled away towards Amhara village.

Learned counsel for the petitioner submits that the

Patna High Court CR. MISC. No.70307 of 2019(3) dt.28-11-2019 2/3 petitioner is not named in the F.I.R. and on the basis of confessional statement of co-accused Sikandar Mandal, petitioner's name has transpired in the present case. Learned counsel for the petitioner further submits that there is no recovery from the conscious possession of the petitioner and no T.I. Parade has been held. Petitioner is in jail custody since16.06.2019.

In 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 the like amount each to the satisfaction of Chief Judicial Magistrate, Araria in connection with Forbesganj P.S. Case No. 1001 of 2018, subject to the following conditions :

(1) One of the bairlors will be his own blood relative, preferably, father, mother, brother, sister and/or his wife.

(2) The petitioner shall not indulge himself in any similar offence till conclusion of the trial.

(3) 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 reasons, his bail bonds shall be liable to be cancelled by the learned court

Patna High Court CR. MISC. No.70307 of 2019(3) dt.28-11-2019 3/3 concerned.

(4) The petitioner shall co-operate with the investigation, if not already concluded and make himself available and when so required and in case of failure, the State shall be at liberty to move for cancellation of bail. (Anjani Kumar Sharan, J) Nasimul/- U T