Raja Thakur v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.74217 of 2018 Arising Out of PS. Case No.-339 Year-2018 Thana- PIRBAHOR District- Patna ====================================================== Raja Thakur S/o Sri Bhola Thakur, resident of Village- Kindai, P.S.- Kinjar, District Arwal at present R/o Mohalla- Sabjeebagh Anpurna Gali, Tenant in House of Advocate Somnath Sah, P.S.- Pirbahore, District- Patna. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sudhir Kumar, Advocate For the Opposite Party/s :

Mr. Sri Yogendra Kumar (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 13-12-2018 Heard learned counsel for petitioner and learned counsel for the State.

Petitioner, who is in custody, seeks bail in connection with Pirbahore P.S. Case No. 339 of 2018 registered for the offences punishable under Sections 380, 411 and 413 of the Indian Penal Code.

Informant has alleged that she had gone to residence of her daughter and after one month when his son came to the house he found the lock to be broken and house hold articles to be scattered and many articles were missing, she suspected that petitioner who resides at the same place and was addicted to narcotics substance has committed theft. It has been submitted on behalf of the petitioner

Patna High Court Cr.Misc. No.74217 of 2018(2) dt.13-12-2018 2/2 that he is innocent and has committed no offence. He has been falsely implicated in this case on the basis of suspicion only, no stolen articles has been recovered from his possession. The articles is alleged to be recovered are house hold articles used in every house hold. He has no criminal antecedent and is in custody since 17.06.2018.

Considering the aforesaid fact and circumstances of the case, let the petitioner named above be released on bail upon 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, Patna, in connection with Pirbahore P.S. Case No. 339 of 2018, subject to conditions:

(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 shall remain physically present as directed by Court and his absence on two consecutive dates without sufficient reasons, his bail bond shall be cancelled by the court below.

(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) Rajiv/Manoj U T