Munna Thakur @ Munna Thakkur v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.59172 of 2018 Arising Out of PS. Case No.-293 Year-2015 Thana- SUGAULI District- East Champaran ====================================================== Munna Thakur @ Munna Thakkur, Son of Rudal Thakur, resident of VillageRaushanpur Sapaha, P.S. Sugauli, District- East Champaran. ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Vikram Jeet For the Opposite Party/s :

Mr. Sri Iftekhar Mahmood ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 09-10-2018 Heard learned counsel for the parties.

Petitioner seeks bail in Sugouli P.S. Case No. 293 of 2015 registered for the offence punishable under Sections 147, 148, 149, 447, 323, 307, 302, 504/34 of the Indian Penal Code and Section 27 of the Arms Act.

Informant in his written complaint has stated that when he was getting his field ploughed by his driver through Tractor petitioner along with other co-accused named in the FIR variously armed with Pistol, Lathi and Barchhi, came and assaulted and they also fired which hit the driver of the Tractor who died at the spot.

It has been submitted on behalf of the petitioner that he has committed no offence and has been falsely implicated in this case due to land dispute. Similarly, situated co-accused

Patna High Court Cr.Misc. No.59172 of 2018(2) dt.09-10-2018 2/3 persons have been granted bail by co-ordinate benches of this Court vide orders dated 21.12.2015 in Criminal Miscellaneous No. 50463 of 2015, 10.05.2017 in Criminal Miscellaneous No. 23116 of 2017, 21.03.2018 in Criminal Miscellaneous No. 16201 of 2018, 22.03.2018 in Criminal Miscellaneous No. 16259 of 2018 and 06.09.2018 in Criminal Miscellaneous No. 41853 of 2018. Petitioner has got no criminal antecedent and is in custody since 07.07.2018.

Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate-Motihari, in connection with Sugouli P.S. Case No. 293 of 2015 , with following conditions:-

(1) Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.

(2) Petitioner shall co-operate in the trial and shall be present on each and every date fixed by the court and his absence on two consecutive dates without proper and reasonable reason will be sufficient to cancel his bail bond.

(3) If the petitioner tampers with the

Patna High Court Cr.Misc. No.59172 of 2018(2) dt.09-10-2018 3/3 evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner.

(S. Kumar, J) ranjan/- U