Saurav Thakur v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.63226 of 2018 Arising Out of PS. Case No.-221 Year-2017 Thana- BEGUSARAI MUFFASIL DistrictBegusarai ====================================================== Saurav Thakur S/o Ashok Kumar Thakur, Resident of Village- Shahpur, P.S. Muffasil (Lakh O.P.), District- Begusarai.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Vijay Anand, Advocate :
Mr. Binod Kumar, Advocate For the Opposite Party/s :
Smt. Suman Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 26-10-2018 Heard learned counsel for the petitioner and learned counsel appearing on behalf of the State.
Petitioner, who is in custody, seeks bail in connection with Sessions Trial No. 207 of 2018 arising out of Muffasil P.S. Case No. 221 of 2017 registered for the offences punishable under Section 394, 302 of the Indian Penal Code. FIR was registered against unknown. Informant has alleged that petrol pump was looted by some unknown miscreants on the strength of revolver and shot was fired upon the Munshi which hit him in chest, as a result of which he died. It has been submitted on behalf of the petitioner that he is innocent and has been falsely implicated in this case only on confessional statement, except confessional statement there
Patna High Court Cr.Misc. No.63226 of 2018(2) dt.26-10-2018 2/3 is no recovery of any incriminating material from his possession. No TIP was done against him. It has been further submitted that similarly co-accused namely Giriraj Kumar has been granted bail by this Hon'ble Court as contained in Annexure-2 and other co-accused namely, Rajan Das has also been granted bail by this Hon'ble court vide order dated 24.09.2018 passed in Cr. Misc. No. 43120 of 2018. Petitioner is in custody since 20.07.2017.
Considering the aforesaid fact and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Addl. Sessions Judge IInd, Begusarai, in connection with Muffasil P.S. Case No. 221 of 2017 subject to the condition that:-
(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 dated fixed by the court and his absence on two consecutive dates without proper and sufficient reason the trial court will be at liberty to cancel his bail bond.
(3) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at
Patna High Court Cr.Misc. No.63226 of 2018(2) dt.26-10-2018 3/3 liberty to move for cancellation of bail of the petitioner.
(S. Kumar, J) veena/- U T