Chhotelal Thakur @ Chhotu v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.70558 of 2022 Arising Out of PS. Case No.-631 Year-2021 Thana- BIDUPUR District- Vaishali ====================================================== CHHOTELAL THAKUR @ CHHOTU SON OF AKHILESH THAKUR R/O VILLAGE- KHILWAT, P.S.- BIDUPUR, DISTRICT- VAISHALI ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Satish Kumar Sinha For the Opposite Party/s :
Mr. Pradeep Narain Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 29-04-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State, Mr. Pradeep Narayan Kumar. The petitioner seeks bail in a case registered for the offences punishable under Section 392 of the Indian Penal Code.
Learned counsel for the petitioner submits that the petitioner is in custody since 26.08.2022 , and has antecedent of two cases.
The informant alleges that on 28.12.2021, when he had gone for his treatment, three accused persons came and on point of gun, extracted an amount of Rs. 2 lac 75 thousand along with Aadhar Card and two grams of golden tops.
Learned counsel for the petitioner submits that the petitioner was not apprehended from the spot, as such, nothing
Patna High Court CR. MISC. No.70558 of 2022(2) dt.29-04-2023 2/3 was recovered from his conscious possession. It is also submitted that the petitioner came to be implicated based on confessional statement of co-accused, further, no looted article was also recovered from the possession of the petitioner after his arrest. It is next submitted that because of his antecedents, the petitioner has been implicated.
Learned counsel for the petitioner further submits that the charges have been framed and the trial has commenced. Learned A.P.P. for the State vehemently opposes the prayer for bail of the petitioner.
Considering the fact that the petitioner is in custody, is a person with clean antecedent and charge-sheet has been submitted in the case, let the petitioner above named be released on bail on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Bidupur P.S. Case No. 631 of 2021.
One of the bailors of the petitioner shall be his father, Mr. Akhilesh Thakur.
Further in the event if the learned trial court comes to a conclusion that the petitioner after his release is trying to delay
Patna High Court CR. MISC. No.70558 of 2022(2) dt.29-04-2023 3/3 the trial in any manner, the learned Trial Court shall be at liberty to forthwith cancel his bail bonds after recording reasons. (Satyavrat Verma, J) HarshPandey/- U T