Govind Thakur v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.46104 of 2017 Arising Out of PS. Case No.-21 Year-2017 Thana- BHAIRABASHTHAN DistrictMadhubani ====================================================== Govind Thakur , son of Udit Thakur, resident of Village- Ladari, P.S.- Kewati, District- Darbhanga.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Sri Dilip Kumar Jha Sri Shambhu Nath Jha For the Opposite Party/s :

A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 17-10-2017 Heard Sri Dilip Kumar Jha, learned counsel , assisted by Sri Shambhu Nath Jha, learned counsel for the petitioner and learned Additional Public Prosecutor.

The sole petitioner, apprehending his arrest in Bhairavasthan P.S. Case No. 21 of 2017 registered for the offence under Section 290/ 272 / 273 of the Indian Penal Code 1860 and Section 30(a) , 38 (i)(2) of the Bihar Prohibition and Excise Act, 2016 , has prayed for grant of bail in the event of his arrest or surrender.

It was submitted by learned counsel for the petitioner that on the same day in respect of same recovery two F.I.R. were lodged; one i.e. Bhairavasthan P.S. Case No. 21 of 2017 and another, vide Kamtaul P.S. Case No. 59 of 2017. He submits

Patna High Court Cr.Misc. No.46104 of 2017(2) dt.17-10-2017 2/2 that petitioner has been made accused on the basis of confessional statement of the co- accused. Save and except confessional statement, there is no other material to connect the petitioner. Nothing was recovered from conscious possession of the petitioner.

In view of the fact that petitioner's name has come in view of confessional statement of the co -accused, in the event of his arrest or surrender within a period of six weeks from today, let the petitioner Govind Thakur be enlarged on bail on furnishing bail bond of Rs. 10,000/- ( rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M., Jhanjharpur, Madhubani / concerned court in connection with Bhairavasthan P.S. Case No. 21 of 2017 subject to the conditions as contemplated under Section 438 (2) of the Code of Criminal Procedure , 1973 .

(Rakesh Kumar, J) praful/- U T