Anish Kumar Thakur @ Anish Thakur v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.18547 of 2016 Arising Out of PS.Case No. -323 Year- 2014 Thana -BISFI District- MADHUBANI ======================================================
1. Anish Kumar Thakur @ Anish Thakur son of Sri Ram Babu Thakur, resident of Village- Raghouli, P.S.- Bisfi, District- Madhubani. .... .... Petitioner
Versus
1. The State of Bihar .... .... Opposite Party ====================================================== Appearance :
For the Petitioner/s : Mr. Nilesh Kumar For the Opposite Party/s : Mr. Dasrath Mehta(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 30-06-2016 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. 323 of 2014 registered for the offences punishable under Sections 386, 427 of the Indian Penal Code and Section 27 of the Arms Act.
Allegedly, the petitioner and other co-accused came at the work site, demanded ransom of rupees five lacs otherwise to shoot and then informant out of fear gave rupees fifty five thousand eight months ago, thereafter, the petitioner and others came and the petitioner opened fire causing threats
Patna High Court Cr.Misc. No.18547 of 2016 (3) dt.30-06-2016 2/3 and further damaged the glass of JCB machine. Submission is of false implication and that no injury has been caused to anyone, the informant is not an eye witness of the occurrence, F.I.R. has been lodged after much delay, earlier regarding payment of amount no information was given to anyone and petitioner is suffering in custody since 16.05.2015, other co-accused, Barun Kumar @ Barun Kumar Thakur @ Chanki has been allowed bail vide Cr. Misc. No. 513 of 2016.
The learned A.P.P. opposes the prayer of bail by submitting that petitioner has got criminal antecedent. In the facts and circumstances stated above, considering the custody of the petitioner at this stage and further there is no chance of tampering with the prosecution evidence, the petitioner above named is 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 the Learned Judicial Magistrate 1st Class, Benipatti in connection with Bisfi P.S. Case No. 323 of 2014, 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
Patna High Court Cr.Misc. No.18547 of 2016 (3) dt.30-06-2016 3/3 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) SHAHZAD/- U T