Anish Thakur @ Anish Kumar Thakur v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.4401 of 2016 Arising Out of PS.Case No. -35 Year- 2015 Thana -BISFI District- MADHUBANI ====================================================== ANISH THAKUR @ ANISH KUMAR THAKUR Son of Sri Ram Babu Thakur Resident of Village - Raghauli, P.S. - Bisfi, District - Madhubani. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ravi Ranjan, Advocate For the Opposite Party/s : Mr. Anil Kumar Singh 1(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 28-03-2016 Heard learned counsel for the petitioner and learned A.P.P. representing the State.

The petitioner seeks bail in connection with Bisfi P.S. Case No. 35 of 2015 registered for the offences punishable under Sections 341, 323, 326, 307/34 of the Indian Penal Code and Section 27 of the Arms Act.

At the very outset, it has been submitted that in this case considering the delay in lodging the First Information Report, and other material co-accused Manish Kumar Thakur @ Manish Thakur, having similar allegation, has already been allowed bail by another co-ordinate Bench of this Court vide Cri. Misc. No. 34030 of 2015 and, as such, the petitioner who is suffering in custody since 30.05.2015 also deserves sympathetic consideration

Patna High Court Cr.Misc. No.4401 of 2016 (3) dt.28-03-2016 2/2 to which the learned A.P.P. opposes by submitting that the petitioner has got criminal antecedent.

In the facts and circumstances stated above, considering that similarly situated co-accused Manish Kumar Thakur @ Manish Thakur has already been allowed bail and, as such, on that ground the petitioner, above named, is also directed to be released on bail on execution of bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Sri. R.K. Rajak, learned Judicial Magistrate, 1st Class, Benipatti (Madhubani) in connection with Bisfi P.S. Case No. 35 of 2015 subject to the conditions that one of the bailors must be near relative and another having sufficient immovable property within the territorial jurisdiction of the court concerned and the petitioner shall remain present on each and every date during trial and the default on two consecutive dates on his part without any reason shall disentitle the petitioner from privilege of bail.

(Jitendra Mohan Sharma, J) sushma/- U T