Upendra Thakur v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

(FROM RESIDENTIAL OFFICE VIA VIDEO APPLICATION) CRIMINAL MISCELLANEOUS No.27988 of 2020 Arising Out of PS. Case No.-215 Year-2018 Thana- PHULPARAS District- Madhubani ====================================================== UPENDRA THAKUR Son of Bihari Thakur Resident of VillageGohmaberiya, P.S.- Phulparas, District- Madhubani. ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr.Ravi Prakash, Advocate For the Opposite Party/s :

Mr.Akhileshwar Dayal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 04-11-2020 Learned counsel for the petitioner undertakes to remove all the defects as pointed out by office within four weeks after start of normal functioning of the Court. Heard learned counsel for the petitioner and learned A.P.P. for the State.

Petitioner, in the present case, is seeking regular bail in connection with Phulparas P.S. Case No. 215/2018 registered for the offences punishable under Section 447, 341, 323, 324, 325, 307, 379, 504, 34 of the I.P.C.

Learned counsel for the petitioner submits that the only allegation against the petitioner in the First Information Report is that he had instigated the co-accused to kill the informant. Learned counsel submits that there is no allegation of causing assault against this petitioner, the dispute is on account

Patna High Court CR. MISC. No.27988 of 2020(2) dt.04-11-2020 2/3 of a piece of land, co-accused against whom there is allegation of assault has been granted privilege of bail by learned coordinate Bench of this Court in Cr. Misc. No. 14970/2020, Cr. Misc. No. 53598/2019 and the petitioner has otherwise no criminal antecedent.

Learned A.P.P. for the State has though opposed the prayer for regular bail of the petitioner, considering the facts and circumstances of the case wherein the dispute is on account of a land and in the said dispute the occurrence seems to have been taken place, the petitioner has no criminal antecedent and there is no specific allegation of committing any overt act against the petitioner as also the co-accused have been granted privilege of regular bail by learned coordinate Bench of this Court, let the petitioner above named be released on bail on furnishing of bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand only) with two sureties of the like amount each to the satisfaction of learned A.C.J.M. 1st Jhanjharpur, Madhubani, in connection with Phulparas P.S. Case No. 215/2018, subject to the condition as laid down under Section 437 (3) Cr.P.C. as under : (a) that such person shall attend in accordance with the conditions of the bond executed under this Chapter, (b) that such person shall not commit an offence

Patna High Court CR. MISC. No.27988 of 2020(2) dt.04-11-2020 3/3 similar to the offence of which he is accused, or suspected, of the commission of which he is suspected, and (c) that such person shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence.

And further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner.

And further condition that they will abide by and observe the guidelines and directives of the Government of India and the State Government with regard to COVID-19 Pandemic.

(Rajeev Ranjan Prasad, J) Rajeev/- U T Note: The ordersheet duly signed has been attached with the record. However, in view of the present arrangements, during Pandemic period all concerned shall act on the basis of the copy of the order uploaded on the High Court website under the heading 'Judicial Orders Passed During The Pandemic Period'.