Ramekbal Thakur And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.22212 of 2016 Arising Out of PS.Case No. -52 Year- 2016 Thana -TURKAULIYA District- EAST CHAMPARAN (MOTIHARI) ======================================================
1. Ramekbal Thakur, son of Banarsi Thakur,
2. Sudama Thakur, son of late Saryug Thakur,
3. Vijay Kumar Thakur @ Vijay Thakur, son of Indrasan Thakur,
4. Ramlal Thakur, son of Indrasan Thakur,
5. Harilal Thakur, son of Indrasan Thakur,
6. Jailal Thakur, son of Indrasan Thakur,
7. Kundan Thakur @ Kundan Kumar, son of Sheolal Thakur &
8. Vicky Thakur @ Vicky Kumar, son of late Ram Bharosh Thakur. All resident of village Tikaita, P.S. Turkauliya, Distt. East Champaran. .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Anil Kumar, Adv. For the State : Mr. Arvind Kr. Panday, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA PRAKASH ORAL ORDER 19-05-2016 Heard learned counsel for the Petitioners and the State.
The Petitioners seek anticipatory bail in a case instituted for the offence under Sections 147, 148, 149, 341, 323, 324, 307, 379, 452, 504, 506 of the Indian Penal Code and Section 27 of the Arms Act.
In view of the Criminal antecedents of the Petitioners No. 1, 2 and 3, I am not inclined to grant them bail. Hence, the prayer for anticipatory bail against the Petitioners No. 1, 2 and 3 is rejected.
As for Petitioners No. 4, 5, 6, 7 and 8, considering
Patna High Court Cr.Misc. No.22212 of 2016 (2) dt.19-05-2016 2/3 the genesis of the occurrence and their fair antecedents, let the Petitioners No. 4, 5, 6, 7 & 8 in the event of surrender, named above, within four weeks from the date of receipt of this order, in connection with Turkauliya P.S. Case No. 52 of 2016, shall be released on anticipatory bail on furnishing bail bond of Rs.5,000/- (Five thousand) each with two sureties of the like amount each or any other surety to be fixed by the Court concerned to the satisfaction of Chief Judicial Magistrate, East Champaran, Motihari, subject to the following conditions: (i) That one of the bailors will be a close relative of the petitioners who will give an affidavit giving genealogy as to how he is related with the petitioners.
The bailor will also undertake to inform the Court if there is any change in the address of the petitioners. (ii) That the affidavit shall clearly state that the petitioners are not accused in any other case and if they are, they shall not be released on bail. (iii) That the bailor shall also state on affidavit that he will inform the court concerned if the petitioners are implicated in any other case of similar nature after their release in the present case and thereafter the court below will be at liberty to initiate the proceeding for cancellation of bail on the ground of misuse.
Patna High Court Cr.Misc. No.22212 of 2016 (2) dt.19-05-2016 3/3 charge and if they fail to do so on two given dates and delay the trial in any manner, their bail will be liable to be cancelled for reasons of misuse. (v) That the petitioners will be well represented on each date and if they fail to do so on two consecutive dates, their bail will be liable to be cancelled.
(Anjana Prakash, J) S.Ali/- U T