Lalit Kunwar@ Lalit Thakur v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.5755 of 2019 Arising Out of PS. Case No.-129 Year-2018 Thana- BISFI DistrictMadhubani ====================================================== Lalit Kunwar @ Lalit Thakur aged 40 years (Male) son of Faguni Thakur Resident of village-Rupauli, P.S.-Bisfi, District-Madhubani ... ... Petitioner

Versus

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

For the Petitioner :

Mr. Gagan Deo Yadav, Advocate.

For the Opposite Party:

APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 01-02-2019 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner apprehends his arrest for the offences alleged under Sections 147, 148, 149, 341, 323, 324, 307, 332, 333, 353, 109, 114, 117, 427, 435, 379, 504, 506, 511 of the Indian Penal Code and Section 3 Damage of Public Property Act registered in connection with Bisfi (Patauna) P.S. Case No. 129 of 2018.

3. It is submitted that the petitioner has been falsely implicated and the accusation has been made against a mob comprised of as many as 32 named and 100-150 unknown persons. It is submitted that no specific allegation has been made against the petitioner except that he has been named as a member of the mob. The injuries are simple in nature. The petitioner claims clean antecedents.

4. Be that as it may, in the event of the petitioner's arrest or surrender before the court below within six weeks from the date of communication of this order, let the above named

Patna High Court Cr.Misc. No.5755 of 2019(2) dt.01-02-2019 2/2 petitioner be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, Benipatti, Madhubani in connection with Bisfi P.S. Case No. 129 of 2018, subject to the conditions as laid down under Section 438

(2) Cr.P.C., and also subject to the following further conditions: (i) That one of the bailors shall be a close relative of the petitioner.

(ii) That the petitioner shall not indulge in any similar offence till conclusion of the trial.

(iii) The petitioner shall cooperate with the investigation, if not already concluded, and make himself available as and when so required and in case of failure, the State shall be at liberty to move for cancellation of bail. (iv) The petitioner shall remain physically present in Court on each and every date during trial and in the event of failure on two consecutive dates without sufficient reason, his bail bond shall be liable to be cancelled by the learned Court concerned.

(Vikash Jain, J) Ibrar//- U T