Dinesh Thakur @ Guddu Thakur v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.38146 of 2019 Arising Out of PS. Case No.-44 Year-2018 Thana- BHEJA District- Madhubani ====================================================== 1.
DINESH THAKUR @ GUDDU THAKUR Son of Ugeshwar Thakur Resident of At and P.O. - Bheja, P.S. - Bheja, District - Madhubani 2.
Shiv Kumar Thakur Son of Shyam Lal Thakur Resident of At and P.O. - Bheja, P.S. - Bheja, District - Madhubani ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Gopal Jha For the Opposite Party/s :
Mr.Nirmala Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 26-06-2019 Heard learned counsel for the petitioners and learned APP for the State.
2. The petitioners apprehend their arrest for the offences alleged under Sections 307, 341, 323, 354, 379 and 504/34 IPC registered in connection with Bheja P.S. Case No. 44 of 2018 (GR No. 702 of 2018).
3. It is submitted that the petitioners have been falsely implicated in the backdrop of money dispute. The accusations are general and omnibus in nature. Specific accusation of assault is against co-accused Indra Kant Thakur who has been granted anticipatory bail by the learned Court below. The injuries are simple in nature. The petitioners claim clean antecedents.
4. Be that as it may, in the event of the petitioners arrest or surrender before the court below within six weeks from the date of communication of this order, let the above named petitioners be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) each with two sureties of like amount each to the satisfaction of learned ACJM II, Jhanjharpur, in connection with Bheja P.S. Case No. 44 of 2018 (GR No. 702 of 2018), subject to the conditions as laid down
Patna High Court CR. MISC. No.38146 of 2019(2) dt.26-06-2019 2/2 under Section 438 (2) Cr.P.C. and also subject to the following further conditions:
i. That one of the bailors shall be a close relative of the petitioners. ii. That the petitioners shall not indulge in any similar offence till conclusion of the trial.
iii. That the petitioners shall co-operate with the investigation, if not already concluded, and make themselves available as and when so required and in case of failure, the State shall be at liberty to move for cancellation of bail.
iv. The petitioners shall remain physically present in Court on each and every date during trial and in the event of failure on two consecutive dates without sufficient reason, their bail bonds shall be liable to be cancelled by the learned Court concerned. (Vikash Jain, J) Chandran/- U T