IN THE HIGH COURT OF JUDICATURE AT PATNA
Cr.Misc. No.44945 of 2010
DAYANAND THAKUR, son of late Rambhajo Thakur
Versus
THE STATE OF BIHAR
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2 28.01.2011 Heard learned counsel for the
petitioner as well as learned P.P. for the
State.
Petitioner seeks bail in connection
with Banka P.S. Case No.440 of 2009
(Corresponding to S.T. No.741 of 2010)
registered for the offence under Sections
397, 398 of the Indian Penal Code.
Petitioner is not named in the
F.I.R., but it appears from submission of
the learned counsel for the petitioner that
one Banka P.S. Case No.441 of 2009 was
registered and the petitioner was remanded
in this case from the aforesaid Banka P.S.
Case No.441 of 2009. He further submitted
that the petitioner was arrested at the spot
in connection with above stated Banka P.S.
Case No.441 of 2009, but nothing had been
recovered from his possession. He also
submitted that no offence under Section 397
and 398 of the I.P.C. is made out in the
present case.
2
Although, petitioner carries
criminal antecedent of several cases, but
considering the facts and circumstances of
the present case petitioner, namely,
Dayanand Thakur is directed to be released
on bail on furnishing bail bonds of
Rs.10,000/-(ten thousand) with two sureties
of the like amount each to the satisfaction
of learned Sri Satish Ch. Srivastava,
Additional District Judge, F.T.C.-IV, Banka
in connection with above stated Banka P.S.
Case No.440 of 2009 (Corresponding to S.T.
No.741 of 2010). It is made clear that the
release of the petitioner in the present
case would not affect the merit of Banka
P.S. Case No.441 of 2009.
(Hemant Kumar Srivastava,J.)
PN