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

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.12194 of 2017 Arising Out of PS.Case No. -85 Year- 2016 Thana -KARJA District- MUZAFFARPUR ====================================================== Vikash Kumar Thakur @ Vikash Kumar son of Lal Babu Thakur @ Akuloo Thakur @ Akalu Thakur, R/o village- Repura, P.S.- Karja, DistrictMuzaffarpur .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Mukund Mohan Jha For the Opposite Party/s : Mr. Sri Amit Kumar Rakesh ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 22-06-2017 Heard learned counsel for the petitioner and learned APP representing the State.

The petitioner seeks bail in connection with Karja P.S. Case No. 85 of 2016 registered for the offences punishable under Sections 341, 323, 324, 325, 326, 307, 302, 504, 506/34 of the Indian Penal Code.

Allegedly, the petitioner and Anjani Chaudhary assaulted Yugal Kishore Chaudhary with back portion of the spade on his mouth causing injury to him and during treatment Yugal Kishore Chaudhay died.

Submission is of false implication and that due to land dispute the occurrence has taken place, there is enmity between the parties, from earlier case under Section 307 IPC was going on, during post mortem of Yugal Kishore Chaudhary 7 injuries have

been found and there is allegation that the petitioner and Anjani Chaudhary assaulted with back portion of the spade on the mouth and on mouth there is no injury. In this case co-accused Dipak Kumar against whom also there was allegation of causing injury from the back portion of the spade to another deceased Shiv Chandra Chaudhary has already been allowed bail vide Cr. Misc. No. 9071 of 2017. During investigation also besides the informant no one has supported the prosecution version as alleged, the petitioner under the circumstances deserves sympathetic consideration.

Learned APP duly assisted by learned counsel for the informant opposes the prayer of bail.

In the facts and circumstances stated above, 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 Sub-Divisional Judicial (West), Muzaffarpur in connection with Karja P.S. Case No. 85 of 2016, subject to the conditions that one of the bailors must be a 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) avin/- U T