Rabindra Thakur @ Ravindra Thakur v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.13141 of 2021 Arising Out of PS. Case No.-26 Year-2020 Thana- SONO District- Jamui ====================================================== Rabindra Thakur @ Ravindra Thakur, Son of Khakhru Thakur, Resident of Village - Charaiya, P.S.- Sono (Charkapathar), District - Jamui ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Sanjay Kumar Sharma, Advocate For the Opposite Party/s :
Ms. Pushpa Sinha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 20-07-2021 The matter has been taken up today for consideration through video conferencing.
The learned counsels are appearing and making submissions from their residence. The Court Master and Secretary are also part of this virtual Court proceedings from their homes, all with the aid of audio visual technology. Heard learned Counsel for the petitioner and the learned APP for the State.
The petitioner seeks bail in connection with Sono (Charkapathar) P.S. Case No.26 of 2020 (G.R. No.325 of 2020) registered for the offence punishable under Sections 147, 149, 341, 323, 325, 308, 379, 504, 506 of the Indian Penal Code. As per the case of the prosecution, informant was undertaking some construction work. The same was objected by
Patna High Court CR. MISC. No.13141 of 2021(2) dt.20-07-2021 2/3 the accused persons, who have also allegedly assaulted and committed theft.
The counsel for the petitioner submits that the F.I.R. has been lodged on 02.02.2020 for an offence allegedly committed on 25.01.2020. The parties are agnates and a free fight has taken place, based on dispute with respect to the land. The submission is that there is also a counter case in respect of the same occurrence lodged from the petitioner's side vide Sono (Charkapathar) P.S. Case No.27 of 2020. Petitioner had earlier moved for grant of anticipatory bail in Cr.Misc. No.27503 of 2020, but was withdrawn as the petitioner had been arrested, in the meantime. It is submitted that he is in custody since 20.09.2020.
Learned APP for the State has opposed the prayer for bail.
Considering the rival submissions, this Court is inclined to allow the petitioner's prayer for bail. Accordingly, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the court of Smt. Bharti Kumari, learned Judicial Magistrate, 1st Class, Jamui, in connection with Sono
Patna High Court CR. MISC. No.13141 of 2021(2) dt.20-07-2021 3/3 (Charkapathar) P.S. Case No.26 of 2020 (G.R. No.325 of 2020), subject to the following conditions:
(i) That one of the bailors will be a close relative of the petitioner who will give an affidavit giving genealogy as to how he is related with the petitioner.
The bailor will also undertake to inform the court if there is any change in the address of the petitioner.
(ii) That the petitioner will be well represented on each date and if he fails to do so on two consecutive dates, his bail bond will be liable to be cancelled.
This Court would expect that the petitioner's counsel would honour his undertaking in the instant proceedings regarding supply of the requisite court fee etc. within two weeks from the date he is called upon to do so by the office. (Madhuresh Prasad, J) PNM U T