Dhanu Thakur v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.68775 of 2018 Arising Out of PS. Case No.-194 Year-2018 Thana- DINARA District- Rohtas ====================================================== Dhanu Thakur, Son of Jag Jitan Thakur, Resident of Village- Koiriya, Police Station- Dinara, District- Rohtas.

... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr. Amit Kumar For the Opposite Party/s :

Mr. Sri Arun Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 29-11-2018 Heard learned counsel for the petitioner and learned counsel for the State.

Petitioner, who is in custody, seeks bail in connection with Dinara P.S. Case No. 194 of 2018 registered for the offence punishable under Sections 147, 148, 149, 341, 307 of the Indian Penal Code and Section 27 of Arms Act. Informant who is the widow of deceased has alleged in her FIR that on the date of occurrence in the night nine FIR named accused came to her house while she alongwith her husband were sleeping and allegation against Bimlesh Thakur is of firing upon the husband of informant on his head and thereafter Ramashish Thakur fired indiscriminately upon the husband of the informant and he was taken to Buxar hospital and thereafter referred to Varanasi Hospital but he died during treatment.

Patna High Court Cr.Misc. No.68775 of 2018(2) dt.29-11-2018 2/2 It has been submitted on behalf of the petitioner that except his name being in the FIR, no overt act has been alleged against him. All the family members including ladies have been made accused in this case. Petitioner has no criminal antecedent and he is in custody since 13.08.2018.

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/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned J.M. 1st Class, Bikramganj, Rohtas, in connection with Dinara P.S. Case No. 194 of 2018 subject to the conditions 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 properly represented on each and every date 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 liberty to move for cancellation of bail of the petitioner.

(S. Kumar, J) veena/- U T