Jagarnath Thakur v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.41764 of 2015 Arising Out of PS.Case No. -290 Year- 2013 Thana -CHIRAIYA DistrictEASTCHAMPARAN(MOTIHARI) ====================================================== Jagarnath Thakur, son of Late Saryug Thakur, resident of villageLalbegiya, Police Station-Chiraiya, District- East Champaran .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Rakesh Ranjan For the Opposite Party/s : Mr. R.B.Roy Raman(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 02-09-2015 Heard Sri Rakesh Ranjan, learned counsel for the petitioner and Sri R.B.Roy Raman, learned Addl. Public Prosecutor.

This is the second attempt for grant of bail on behalf of the petitioner in connection with S.T. No.01/2015 arising out of Chiraiya P.S. Case no.290 of 2013 registered for the offence under Sections 25(1-A) ( 1-AA) (1-B)/26(2), 29/35 of the Arms Act and Sections 17,18,20,22 of U.A.P. Act. Earlier, the prayer for bail of the petitioner was rejected on 22.09.2014 along with bail petition of co-accused Gurmukh Thakur @ Gurumukh Thakur. The petitioner is in custody since 06.11.2013 Learned counsel for the petitioner submits that despite the fact that charge has been framed, no adequate progress has taken place. He further submits that the prayer for bail of co-

Patna High Court Cr.Misc. No.41764 of 2015 (2) dt.02-09-2015 2/2 accused Gurmukh Thakur @ Gurumukh Thakur was earlier rejected along with bail petition of the petitioner and by order dated 26.08.2015 passed in Cr.Misc.No.18342 of 2015, coaccused Gurumukh Thakur has already been granted bail in view of the fact that after rejection of the prayer for bail, no adequate progress hadtaken place.

In view of the fact that co-accused has already been granted bail by this Court, there is no reason to deny the prayer for bail of the petitioner. Accordingly, let the petitioner Jagarnath Thakur be enlarged on bail on furnishing bail bond of Rs.10,000/-( ten thousand ) with two sureties of the like amount each to the satisfaction of learned 9th Addl. District & Sessions Judge, Motihari ( East Champaran) in connection with Chiraiya P.S. Case no.290 of 2013 corresponding to S.Tr. No.01/2015 on conditions that (i) one of the bailors must be blood relation of the petitioner and (ii) on each and every date during trial, the petitioner shall remain physically present before the court below. If continuously on two dates, the petitioner remains absent, without prior permission of the trial court, his bail bond shall stand automatically cancelled.

(Rakesh Kumar, J) NKS/- U