Patna High CourtCR. MISC./65176/2018bail granted

Amit Thakur v. The State Of Bihar

2018-10-31Mr. Justice Vikash Jain2 pages

Patna High Court Cr.Misc. No.65176 of 2018 (2) dt.31-10-2018

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.65176 of 2018 Arising Out of PS.Case No. -98 Year- 2015 Thana -AMARPUR District- BANKA ====================================================== Amit Thakur S/o Hira Lal Thakur, Resident of Village- Dumra, P.S. Amarpur, District- Banka.

.... .... Petitioner

Versus

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

For the Petitioner : Mr. Nirbhay Kumar Singh, Advocate. For the Opposite Party : APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 31-10-2018 Heard learned counsel for the petitioner and learned APP for the State.

2. This is the third attempt on behalf of the petitioner, who is in custody since 08.04.2015 and has renewed his prayer for bail in connection with Amarpur P.S. Case No. 98 of 2015 for the offence alleged under Sections 147, 148, 149, 324, 307, 302 of the Indian Penal Code having twice been rejected by orders dated 15.02.2016 and 03.05.2017 in Criminal Miscellaneous No. 45829 of 2015 and Criminal Miscellaneous No. 19458 of 2017, respectively.

3. Learned counsel for the petitioner submits that similarly situated co-accused Hiralal Thakur with similar allegations of having assaulted the informant and not the deceased, has since been granted bail by order dated 05.09.2018 in Cr. Misc. No. 55274 of 2018

4. Be that as it may, having regard to the entirety of the facts and circumstances of the case, let the petitioner above

Patna High Court Cr.Misc. No.65176 of 2018 (2) dt.31-10-2018 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 1-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