Rupesh Thakur @ Rupesh Kumar Thakur v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.61581 of 2017 Arising Out of PS. Case No.-198 Year-2016 Thana- BASOPATTI District- Madhubani ====================================================== Rupesh Thakur @ Rupesh Kumar Thakur S/o Shri Ishwar Narain Thakur, R/o Village- Siriyapur, P.S.- Basopatti, District- Madhubani. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Murari Narain Chaudhary For the Opposite Party/s :
Mr. Sri Parmanand Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 27-04-2018 Heard learned counsel for the petitioner and learned APP for the State.
Petitioner apprehends his arrest in Basopatti P.S. case no. 198 of 2016 instituted for the offence under Section(s) 147, 148, 149, 307, 323, 341, 504 and 506 of the Indian Penal Code, Section 27 of the Arms Act and Section 3⁄4 of the Explosive Substance Act.
Learned counsel for the petitioner submits that there is case and counter case between the parties. The present case is the counter blast of the case lodged by co-accused Mangal Thakur for the same time and date of occurrence against the informant and others vide Basopatti P.S. case no. 199/16. In the instant case, allegation against the petitioner is that he along with Iswar Narain Thakur caused bomb injury to the informant. The injury report of the informant has been enclosed as Annexure 3 which shows simple injury has been found on his person and there was no any injury of explosive substance. It is further submitted that compromise petition has also been filed in
Patna High Court Cr.Misc. No.61581 of 2017(6) dt.27-04-2018 2/2 the Court below between the parties.
In the facts and circumstances of the case, prayer of the petitioner for grant of anticipatory bail is allowed. In the event of surrender/arrest of the petitioner, named above, within six weeks from today in connection with Basopatti P.S. case no. 198 of 2016/ G.R. No. 2551 of 2016, he shall be released on anticipatory bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial MagistrateV, Madhubani, subject to the conditions as laid down under Section 438(2) Cr. P. C.
with further conditions:(1) bailors should be local having sufficient immovable property within the jurisdiction of the court concerned, (2) petitioner shall cooperate in the trial and shall be present on each and every date fixed by the court and absence on two consecutive dates without proper and reasonable reason will automatically cancel bail bond of the petitioner and (3) if 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.