Rahul Thakur v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.26521 of 2024 Arising Out of PS. Case No.-40 Year-2021 Thana- MOUZAHIDPUR District- Bhagalpur ====================================================== Rahul Thakur, S/o Barun Thakur, R/o village-Aliganj Maheshpur, P.S.- Mojahidpur (Babargarj), Distt. - Bhagalpur ... ... Petitioner
Versus
The State of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioner/s :
Mr. Ranjan Kumar Jha, Advocate For the Opposite Party/s :
Mr. Bharat Bhushan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 10-04-2024 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
2. The accused/petitioner seeks bail in connection with Mojahidpur (Babarganj) P.S. Case No.40 of 2021 registered for the offences punishable under Sections 147, 148, 149, 323, 341, 307, 504 of the Indian Penal Code as well as Sections 3, 4 and 5 of the Explosive Substances Act.
3. The accused/petitioner is named in the FIR and is in custody since 08.05.2022.
4. The allegation against the petitioner is of hurling bomb on the informant and others along with other co-accused, with intention to cause their death.
5. Learned counsel appearing on behalf of the
2/4 petitioner submitted that the occurrence was nothing but a free fight between the parties and for the same set of occurrence, Mojahidpur (Babarganj) P.S. Case No.41 of 2021 was lodged. It has been submitted that from bare perusal of FIR, it appears that informant himself was the aggressor. It has further been submitted that FIR, on its face, not suggesting that the bomb was thrown with intention to cause death. It is pointed out by learned counsel that similarly situated co-accused persons, namely, Shivam Kumar has already granted bail by one of the learned coordinate Bench of this Court through Cr. Misc. No.44458 of 2021 dated 22.02.2022. While concluding argument, it is submitted that investigation of this case has been completed, for which, charge-sheet has been submitted and, as such, there is no chance of tampering with the evidence.
6. Learned APP appearing on behalf of the State while opposing the prayer of bail fairly conceded that the occurrence was a free fight between the parties.
7. In view of above-mentioned facts and circumstances, as the occurrence was a free fight between
3/4 the parties, negating the intention, coupled with the fact that charge-sheet has already submitted, where petitioner is in custody since 08.05.2022, accordingly, the petitioner, above-named, is directed to be released on bail on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned 15th Additional Sessions Judge, Bhagalpur in connection with Session Trial No.532 of 2021/Tr. No.361 of 2022 arising out of Mojahidpur (Babarganj) P.S. Case No.40 of 2021, subject to the conditions as laid down under Section 437(3) of the CrPC and with further conditions:- (i) That accused/petitioner shall not involve in the similar nature of offence till the conclusion of trial, failing which the State shall be at liberty to move before the Trial Court itself for the cancellation of bail bond of the petitioner.
(ii) That accused/petitioner shall cooperate in the trail and shall be physically present on each and every date before the Trial Court till conclusion of the trial and exemption from physical appearance be allowed by the Trial Court only on medical
4/4 ground of the petitioner, duly supported by the documents (iii) That one of the bailors shall be Ravi Kumar, who is the cousin brother of the petitioner and deponent of the present bail petition.
(Chandra Shekhar Jha, J.) Sanjeet/- U T