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Patna High CourtCR. MISC./37443/2019bail granted

Suraj Thakur @ Surya Narayan Thakur @ Surya Narayan Kumar v. The State Of Bihar

2019-08-14Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.37443 of 2019 Arising Out of PS. Case No.-53 Year-2019 Thana- PARIHAR District- Sitamarhi ====================================================== 1.

Suraj Thakur @ Surya Narayan Thakur @ Surya Narayan Kumar S/o Gopal Thakur R/o village- Dharharwa, P.S.- Parihar, District- Sitamarhi, Pin No. 843224 2.

Baliram Thakur @ Balaram Thakur S/o Awdhesh Thakur R/o villageDharharwa, P.S.- Parihar, District- Sitamarhi, Pin No. 843224 3.

Abhishek Thakur S/o Krishna Thakur R/o village- Dharharwa, P.S.- Parihar, District- Sitamarhi, Pin No. 843224 ... ... Petitioners

Versus

The State Of Bihar ... Opposite Party ====================================================== Appearance :

For the Petitioners :

Mr. Surendra Kishore Thakur, Advocate For the Opposite Party :

Mr. Arun Kumar Pandey, Addl Public Prosecutor ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 14-08-2019 Bail prayer of petitioner no.2 Baliram Thakur @ Balaram Thakuris dismissed as infructuous, as it is submitted by learned counsel for the petitioners that petitioner no.2 has already been arrested in the instant case during pendency of the bail petition.

Heard learned counsel for the petitioners no. 1 & 3, learned counsel for the State and perused the case diary. Petitioners no.1 & 3 apprehend their arrest in a case registered for the offence punishable under Sections 147, 341, 323, 354, 379, 307, 384/34 of the Indian Penal Code. Informant alleges that the petitioners and other accused persons named in the FIR demanded rangadri of Rs.10 lacs from the informant and on refusal they assaulted him and his family members by means of country made pistol, talwar, lathi etc. They also snatched golden chain from his brother. Learned counsel for the petitioners submits that the

Patna High Court CR. MISC. No.37443 of 2019(3) dt.14-08-2019 2/2 petitioners have falsely been implicated in this case and there is a case and counter case. Further, parties have compromised the matter and a compromise petition to this effect has also been filed by them which is contained in Annexure 3 to the bail petition. Petitioners have got no criminal antecedent. Considering the facts of the case, let the petitioners no. 1 & 3, above named, in the event of their arrest/surrender before the Court below within a period of six weeks from the date of receipt of the order, be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate-, Sitamarhi in Parihar Police Station Case No.

53 of 2019, subject to the conditions laid down under Section 438(2) of the Code of Criminal Procedure as well as condition that the petitioners shall fully co-operate with the investigation and trial of the case, failing which the Court below shall be at liberty to cancel the bail bond of the petitioners.

(Prabhat Kumar Singh, J) Shashi U T