Gulo Thakur @ Gulo Ghanti v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.56263 of 2015 Arising Out of PS.Case No. -75 Year- 2015 Thana -BHAGWANPUR District- BEGUSARAI ======================================================

1. Gulo Thakur @ Gulo Ghanti, Son of Late Ganpat Thakur, Resident of Village- Naula, P.S.- Bhagwanpur, District- Begusarai. .... .... Petitioner/s

Versus

1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Sandip Kumar Gautam For the Opposite Party/s : Mr. Smt. Anita Kumari(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 10-03-2016 Heard the learned counsel for the petitioner, the learned A.P.P for the State as also the learned counsel for the Informant.

The petitioner seeks bail in a case for the offences punishable under sections 302, 201, 120 (B), 379 and 34 of the I.P.C Allegedly, the informant saw Kari Choudhary, Ranjeet Choudhary, the petitioner and other 4-5 persons assaulting her husband and they were having sickle (sharp edged weapon) and then she ran towards her house out of fear but she became unconscious and in the morning of 26.04.2015 she got her consciousness and after search found the dead body of her husband in the field.

Submission is of false implication and that the informant is not an eye witness, no one has seen the petitioner

Patna High Court Cr.Misc. No.56263 of 2015 (5) dt.10-03-2016 2/2 committing the crime, the husband of the informant was killed by some unknown persons but due to the village politics the informant has lodged this false case against the petitioner and others and in this case similarly situated co-accused Kari Choudhary has been allowed bail vide Cr. Misc. No. 10097 of 2016 by order dated 03.03.2016 by another coordinate Bench of this Court and the petitioner is suffering in custody since 19.08.2015 having no criminal antecedent.

The learned A.P.P. duly assisted by the learned counsel for the informant opposes prayer for bail. In the facts and circumstances as stated above, the petitioner is also directed to be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Sri Santosh Kumar, J.M. 1st Class, Begusarai in Bhagwanpur P.S. Case No. 75 of 2015, subject to the conditions that one of the bailors must be a near relative and another having sufficient immovable property within the territorial jurisdiction of the court concerned and the petitioner shall remain present on each and every date during trial and the default on two consecutive dates on his part without any reason shall disentitle the petitioner from privilege of bail.

(Jitendra Mohan Sharma, J) Abhay/- U T