Patna High CourtCR. MISC./55274/2018bail granted

Hira Lal Thakur v. The State Of Bihar

2018-09-05Mr. Justice Vikash Jain2 pages

Patna High Court Cr.Misc. No.55274 of 2018 (2) dt.05-09-2018

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.55274 of 2018 Arising Out of PS.Case No. -98 Year- 2015 Thana -AMARPUR District- BANKA ====================================================== Hira Lal Thakur S/o Late Mahesh Thakur, resident of Village- Dumrama, P.S.- Amarpur, District- Banka.

.... .... Petitioner

Versus

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

For the Petitioner : Mr. Nirbhay Kumar Singh, Advocate. For the Opposite Party : Mr. Lalan Kumar, Advocate. ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 05-09-2018 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner, who is in custody since 08.04.2015, has renewed his prayer for bail in connection with Sessions Trial No. 275 of 2015 arising out of Amarpur P.S. Case No. 98 of 2015 for the offence alleged under Sections 147, 148, 149, 324, 307 and 302 of the Indian Penal Code having earlier been rejected by this Court by order dated 15.02.2016 in Cr. Misc. No. 45829 of 2015.

3. It is submitted that the petitioner was at best accused of having assaulted the informant but there is no accusation of the petitioner having assaulted the deceased person. It is submitted that in course of trial six witnesses have been examined, none of whom were eye witnesses.

4. Be that as it may, having regard to the entirety of the facts and circumstances of the case as well as the period of custody since 08.04.2015 already suffered , let the petitioner above

Patna High Court Cr.Misc. No.55274 of 2018 (2) dt.05-09-2018 named 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 Sessions Judge I-cum-Special Judge, Banka, in connection with Sessions Trial No. 275 of 2015 arising out of Amarpur P.S. Case No. 98 of 2015, on the following 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) That 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) Md. Ibrarul/BT U T