Rintu Thakur @ Rohit Thakur v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.24040 of 2018 Arising Out of PS.Case No. -208 Year- 2017 Thana -NASRIGANJ District- SASARAM (ROHTAS) ====================================================== Rintu Thakur @ Rohit Thakur, Son of Meghanath Thakur, Resident of Village- Khajuri, Police Station- Rohtas, District- Rohtas at Sasaram. .... .... Petitioner

Versus

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

For the Petitioner : Mr. Raghunandan Kumar Singh, Advocate For the Opposite Party: Mr. Jitendra Kr. Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 27-04-2018 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner is in custody since 06.01.2018 in connection with Nasriganj P.S. Case No. 208 of 2017 for the offences alleged under Section 364 of the Indian Penal Code.

3. It is submitted that the petitioner has been falsely implicated as he along with 3-4 unknown persons are not named in the first information report. The victim was recovered from the house of co-accused Shatrughan Paswan. No test identification parade has been conducted for identification of the petitioner nor have any incriminating articles been recovered from his possession. The petitioner has been implicated merely on the extrajudicial confessional statement of co-accused Guddu Sah @ Vikash Kumar and except such statement, there is no other material to connect the petitioner with the alleged offence. The said co-accused Guddu Sah @ Vikash Kumar and other co-accused, Dhirendra Pratap @ Dhiru and Rajeev Ranjan Kumar @ Rajeev Ranjan @ Gollu have been granted bail by the coordinate Bench of this Court in Cr. Misc. No. 6752 of 2018, Cr. Misc. No. 13626 of 2018 and Cr. Misc. No. 23272 of 2018, respectively. The petitioner was an accused in

Patna High Court Cr.Misc. No.24040 of 2018 (2) dt.27-04-2018 2/2 Sasaram (Tilouthu) P.S. Case No. 1517 of 2017 prior to the present one and the same is of different nature.

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/-(ten thousand) with two sureties of like amount each to the satisfaction of Mr. Lal Bihari Paswan, learned Judicial Magistrate, 1st Class, Bikramganj, Rohtas at Sasaram in connection with Nasriganj P.S. Case No. 208 of 2017, 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.

B.T/Chandran (Vikash Jain, J) U T