Nilu Thakur @ Nilesh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.10083 of 2015 Arising Out of PS.Case No. -195 Year- 2014 Thana -BEGUSARAI MUFFASIL District- BEGUSARAI ====================================================== Nilu Thakur @ Nilesh S/o Dharam Kumar Thakur R/o Sahpur, P.S. Begusarai Muffasil, District Begusarai.

.... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Shubhesh Pandey, Adv. For the Opposite Party/s : Mr. Ashok Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE AMARESH KUMAR LAL ORAL ORDER 24-04-2015 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks bail in a case registered for the offence punishable under Sections 147, 148, 149, 341, 323, 504, 386/307 of IPC.

Allegation against the petitioner is to have demanded Rs.5,00,000/- as rangdari from the informant and on 28.5.2014 at 8 p.m. when he refused to give rangdari, the petitioner abused and slapped him, thereafter, three accused also came there and they also assaulted him. When the father and the son of the informant came to his rescue, the petitioner shot fire and they were also assaulted by the accused persons. Thereafter, when they entered into the house to save their lives, the petitioner and co-accused

Patna High Court Cr.Misc. No.10083 of 2015 (3) dt.24-04-2015 2/3 Santosh Thakur made indiscriminating firing which caused injury in the arm of the father of the informant.

It is submitted that the petitioner has been falsely implicated in this case. For the same occurrence, Saurabh Kumar, son of co-accused Ashok Thakur has lodged Begusarai (M) P. S. Case No. 197 of 2014 against the informant and others. It is also submitted that injury report of Raj Kishore Thakur, father of the informant shows that there is no firearm injury. Injury has been caused by hard and blunt substance. In similar facts and circumstances, other co-accused have been granted bail.

Learned counsel for the State submits that apart from this case, the petitioner has a long list of antecedents. Considering the facts and circumstances, the above named petitioner is directed to be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand only) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Begusarai/court concerned in Begusarai (Muffasil) P. S. Case No. 195 of 2014 after framing of charge with following conditions:-

1. The petitioner will not indulge himself in similar or any other offence.

Patna High Court Cr.Misc. No.10083 of 2015 (3) dt.24-04-2015 3/3

2. One of the bailors must be the close relative of the petitioner.

3. The petitioner will be well represented in the Court on each and every date and in case of absence for two consecutive dates or in case of violation of terms of bail, his bail bond would be liable to be cancelled by the learned Court concerned.

(Amaresh Kumar Lal, J) Kanchan/- U