Rajkapoor Thakur v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.4192 of 2022 Arising Out of PS. Case No.-72 Year-2021 Thana- PIPRAHI District- Sheohar ====================================================== HARIOM THAKUR S/o Rambalak Thakur @ Bhaglo Thakur Resident of Village- Singahi Inarwa Tole Madhopur, P.S.-Sheohark, District- Sheohar. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 4977 of 2022 Arising Out of PS. Case No.-72 Year-2021 Thana- PIPRAHI District- Sheohar ====================================================== RAJKAPOOR THAKUR SON OF RAMBALAK THAKUR @ BHAGLU THAKUR R/O VILLAGE- SINGAHI INARWA TOLE MADHOPUR, P.S.- SHEOHAR, DISTRICT- SHEOHAR ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
(In CRIMINAL MISCELLANEOUS No. 4192 of 2022) For the Petitioner/s :
Mr. Uday Kumar, Advocate For the Opposite Party/s :
Mr. Madhura Nand Jha, APP (In CRIMINAL MISCELLANEOUS No. 4977 of 2022) For the Petitioner/s :
Mr. Uday Kumar, Advocate For the Opposite Party/s :
Mr. Madhura Nand Jha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 23-05-2022 The learned counsel for the petitioners are directed to remove all the defects pointed out by the Stamp Reporter within one month.
Heard the learned counsel for the petitioners and learned APP for the State.
2/4 This is an application for regular bail on behalf of the petitioners for the offences alleged under Sections 307, 326, 324, 341, 34, 504 and 302 of the Indian Penal Code, registered in connection with Piprahi P.S. Case No. 72 of 2021. As per allegation, the informant and his brother went to the place of occurrence on hearing the cry of his son, namely, Aditya Kumar. They saw that co-accused, namely, Kamal Thakur and the present petitioners were forcibly applying colour to Aditya Kumar (deceased) and abusing him in filthy words. Thereafter, the informant and his brother when returning with his son, co-accused, namely, Rambalak Thakur @ Bhaglu Thakur badly assaulted the son of the informant with some pointed weapons. Son of the informant died during course of treatment.
The learned counsel for the petitioners has submitted that there is no allegation of assault against the petitioners. The specific allegation to assault the deceased is on Rambalak @ Bhaglu Thakur, whose, prayer for bail has been rejected by the co-ordinate Bench. He has submitted further that on similar allegation, co-accused, namely, Rana Thakur has been granted anticipatory bail and co-accused, namely, Kamal Thakur has been granted regular bail by the co-ordinate Bench. The
3/4 petitioners have no criminal antecedent and Hariom Thakur is in custody since 12.09.2021 and Rajkapoor Thakur is in custody since 07.10.2021.
Considering the above facts and circumstances, petitioners are not assailant of the deceased and other coaccused on similar footing have been granted bail by the coordinate Bench, let the petitioners above-named be released on bail on furnishing bail bond of Rs. 10,000/-(ten thousand) each with two sureties of the like amount each to the satisfaction of learned Additional Session Judge-IInd-cum-Special Judge (Excise), Samastipur, in connection with Hasanpur Case No.199 of 2021, subject to the following conditions:-
1. The petitioners shall cooperate in the disposal of trial and make themselves available as and when required by the court.
2. If the petitioners are found involved in future in the similar type of offence, the prosecution will have liberty to file an application before the court below for cancellation of the bail of the petitioners and the learned court below will take decision in accordance with law.
Office shall ensure that all defects are removed by the
4/4 petitioners within the stipulated time as provided hereinabove, failing which the matter shall be brought to the notice of this Court.
(Nawneet Kumar Pandey, J) S.Katyayan/- U T