Baidyanath Thakur v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.28194 of 2018 Arising Out of PS.Case No. -155 Year- 2013 Thana -LAHERIASARAI District- DARBHANGA ======================================================

1. Baidyanath Thakur, son of Late Ram Sewak Thakur, Resident of VillageDhurubgawa, P.S.- Kalyanpur, District- Samastipur. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ranjit Kumar Yadav For the Opposite Party/s : Mr. Smt. Asha Devi ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 17-05-2018 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

Petitioner is apprehending his arrest in a case registered for the offence punishable under Section 379 in connection with Lahariya Sarai P.S. Case No. 155/2013. Allegation as per the F.I.R. is of commission of theft of mobile from a mobile shop and it is alleged that 2 to 3 boys came and talked about the mobile and went away. Thereafter, the informant found the said mobile missing from the counter. Submission of the learned counsel for the petitioner is that the petitioner is of 65 years and he has falsely been implicated in this case. Nothing has been recovered from his possession and he has no criminal antecedent.

Patna High Court Cr.Misc. No.28194 of 2018 (2) dt.17-05-2018 2/2 Heard learned Additional Public Prosecutor also. Considering the aforesaid facts, let the petitioner, above named, in the event of his arrest or surrender before the court below within a period of six weeks, 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 Chief Judicial Magistrate, Darbhanga in connection with Laheriasarai P.S. Case No. 155/2013, subject to the condition laid down under Section 438(2) of the Code of Criminal Procedure with further condition that one of the bailors should be close relative of the petitioner and another having sufficient immovable property within the jurisdiction of the court below and the petitioner will co-operate in disposal of the trial and will make himself available before the court and failure to appear on two consecutive dates without any appropriate reason will be liable for cancellation of his bail bond.

(Vinod Kumar Sinha, J.) Rakhi U T