Kaushal Thakur v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.68774 of 2018 Arising Out of PS. Case No.-256 Year-2017 Thana- SAHARSA District- Saharsa ====================================================== Kaushal Thakur ... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Pramod Mishra For the Opposite Party/s :
Mr. Smt. Nirmala Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 05-12-2018 Heard learned counsel for the petitioner and learned counsel for the State.
The petitioner, who is in custody, seeks bail in connection with Saharsa Sadar P.S. Case No. 256 of 2017 registered for the offence punishable under Section 394 of the Indian Penal Code.
Petitioner is not named in the FIR. He has been falsely implicated in this case only on the basis of suspicion. Petitioner was not arrested on the spot and he has not been put on T.I.P., although informant claims that he can identify the accused. Nothing has been recovered from the possession of petitioner. Petitioner is in custody since 03.07.2018. Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail upon
Patna High Court Cr.Misc. No.68774 of 2018(2) dt.05-12-2018 2/2 furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Saharsa, in connection with Saharsa Sadar P.S. Case No. 256 of 2017 subject to the conditions that:-
(1) Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.
(2) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and his absence on two consecutive dates without proper and sufficient reason the trial court will be at liberty to cancel his bail bond.
(3) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner.
(S. Kumar, J) veena/- U T