Satish Thakur @ Satish Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No. 21450 of 2020 Arising Out of P.S. Case No.-230 Year-2019 Thana-Aurai District- Muzaffarpur ======================================================
1. Satish Thakur @ Satish Kumar, son of Prabhu Thakur
2. Arun Thakur, son of Ramagat Thakur Both resident of Village Rajkhand Dakshni, P.S. Aurai, District Muzaffarpur ... ... Petitioner
Versus
The State of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioner :
Mr. Ravi Ranjan For the Opposite Party :
Mr. Murli Dhar ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 23-07-2020 Heard learned counsel for the parties.
This application for anticipatory bail arises out of Aurai P.S. Case No. 230 of 2019, disclosing the offence punishable under Section 307 and other allied Sections of the Indian Penal Code.
The FIR has been registered on the basis of written report of Assistant Sub-Inspector of the concerned police station to the effect that after having received information that two dead bodies were lying at a particular place, he had gone there for verification. Before he reached the concerned place, nearly 150200 people had assembled. It is alleged that the people, who had
2/4 assembled there, had become aggressive and they not only caused obstruction in discharge of the informant's official duties, they assaulted him also. There are 12 persons named in the FIR including these petitioners.
Learned counsel appearing on behalf of the petitioners has submitted that the allegation is general in nature and the FIR does not disclose as to who had disclosed the names of these petitioners, who had participated in commission of the alleged offence.
On perusal of the FIR, I find substance in submission made on behalf of the petitioners. This application is accordingly allowed.
Let the petitioners, above-named, in the event of their arrest/surrender within six weeks from today in the court below, be released on bail on furnishing bail bonds of Rs. 10,000/-(ten thousand) each, with two sureties of the like amount each, to the satisfaction of the learned Additional Chief Judicial MagistrateXIIIth, Muzaffarpur, in Aurai P.S. Case No. 230 of 2019, subject to the condition as laid down under Section 438(2) of the Code of Criminal Procedure.
This is subject to the condition that the petitioners shall present themselves before the Police/ Court, as the case
3/4 may be, as and when required and in the event of failure on their part to appear before the court on two consecutive occasions, their bail bonds shall be liable to be cancelled. It is also indicated that defects, if any, shall be removed within two months from today.
Since there is a lockdown, the Court has considered it appropriate to adopt following procedure for communication of the present order:- (i) The order, which has been dictated during the course of the proceedings of virtual Court, shall be communicated to me on my e-mail I.D. by the Secretary. (ii) The corrected copy of the order shall be transmitted by me from my e-mail I.D. to the Secretary, which shall be treated to be the authentic copy of the order passed by this Court today in the present proceeding.
(iii) Hard copy of the order, duly signed by me, shall be preserved in my residential office for documentation and future use, if any.
(iv) Let a copy of the order be communicated to the learned court below through e-mail or any other appropriate electronic mode by the Registry.
Let steps be taken by the Registry for uploading of
4/4 the present order without compromising with the norms of social-distancing.
Rajesh/- (Chakradhari Sharan Singh, J) U