Barun Kumar @ Barun Kumar Thakur @ Chanki v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.513 of 2016 Arising Out of PS.Case No. -323 Year- 2014 Thana -BISFI District- MADHUBANI ======================================================

1. Barun Kumar @ Barun Kumar Thakur @ Chanki son of Sri Ram Kumar Thakur, resident of Village- Raghauli, P.S. Bisfi, District Madhubani. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ravi Ranjan For the Opposite Party/s : Mr. M.Dayal(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 09-03-2016 Heard the learned counsel for the petitioner as well as the learned A.P.P for the State.

The petitioner seeks bail in a case for the offences punishable under sections 386 and 427 of the I.P.C and section 27 of the Arms Act.

Allegedly, co-accused Anish Thakur, the petitioner, Chandan Thakur and two unknown came and Anish Thakur demanded ransom of Rs. 5,00,000/- at the point of pistol from the informant and due to fear the informant who was allotted some work under the scheme of the Prime minister village road construction paid Rs. 55,000/- and further threats were caused and again when the work was started Anish Thakur, the petitioner and other co-accused went there and opened fire and demanded ransom and further damaged the JCB machine.

Submission is of false implication and there is no

Patna High Court Cr.Misc. No.513 of 2016 (4) dt.09-03-2016 2/2 specific allegation against the petitioner, the specific allegation is against Anish Thakur, in this case co-accused Chandan Thakur and Mani Ranjan Thakur @ Chunnu Kumar @ Channu Thakur have been allowed bail by the learned court below itself and the petitioner is suffering in custody since 23.07.2015. The learned A.P.P. opposes prayer for bail by submitting that the petitioner has got criminal antecedent. In the facts and circumstances as stated above, considering that the specific allegation is against co-accused Anish Thakur and not against the petitioner and as such the petitioner is 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 R.K. Rajak, J.M.

1st Class, Benipatti, District- Madhubani in Bisfi P.S. Case No. 323 of 2014, 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