Bajrangi Thakur v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.35326 of 2019 Arising Out of PS. Case No.-102 Year-2018 Thana- LAURIA District- West Champaran ====================================================== BAJRANGI THAKUR, aged about 20 years (Male), Son of Jageshwar Thakur, Resident of Village-Thakur Tola, P.S.-Lauriya, District-West Champaran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ashok Kumar Singh, Adv.

For the Opposite Party/s :

Mr.Ram Anurag Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 30-08-2019 Heard learned counsel for the petitioner, the informant and learned APP for the State.

The petitioner seeks bail in a case registered for the offence punishable under Sections 302/34 of the Indian Penal Code. The allegation against 4 known & 10 unknown persons are that they beat black & blue informant's son with iron rods on 20.04.2018 at around 7.30 p.m., when he was coming back his home by a motorcycle from Lauriya Bazar near Bhagataha bridge. The injured took his last breath, while being on his way to Patna for treatment.

Learned counsel for the petitioner submits that there is no eye witness and the petitioner is not named in FIR. He further submits that the case diary of para 92 & 100 is concerned the statement of two hearsay witnesses. There is no specific allegation against the petitioner. The petitioner is in custody since

Patna High Court CR. MISC. No.35326 of 2019(4) dt.30-08-2019 2/2 16.03.2019. Charge sheet has been submitted in this case. Considering the aforesaid facts and circumstances, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned A.C.J.M.-1st, Bettiah, West Champaran, in connection with Lauriya P.S. Case No. 102 of 2018, subject to the following conditions:

(1) Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.

(2) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by Court and his absence on two consecutive dates without sufficient reasons, his bail bond shall be cancelled by the court below.

(3) If the 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. (Anjani Kumar Sharan, J) amitkumar/- U T