Ashok Thakur v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.42212 of 2023 Arising Out of PS. Case No.-226 Year-2019 Thana- LALGANJ District- Vaishali ====================================================== ASHOK THAKUR son of Laxmi Thakur Village- Purainiya P.S.- Lalganj Dist- Vaishali. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sunil Kumar Pandey For the Opposite Party/s :

Mr.Binod Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 16-08-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. This is the third attempt of the petitioner to approach before this Court for bail. Earlier, vide detailed order dated 25.06.2021 passed in Cr. Misc. No. 9303 of 2021 and the order dated 10.08.2022 passed in Cr. Misc. No.40161 of 2022, the prayer for bail of the petitioner was rejected.

3. Vide order dated 19.07.2023, a report was called for from the learned Court below regarding the stage of the trial and the time likely to be taken in conclusion of the trial. In compliance thereof, a report dated 04.08.2023 has been sent by the learned A.D.J.-VII, which is at Flag 'R' to this application. In his report, the learned Judge has, inter alia, stated that the trial may be concluded preferably within one year.

4. Considering the facts aforesaid, the above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the

Patna High Court CR. MISC. No.42212 of 2023(3) dt.16-08-2023 2/2 like amount each to the satisfaction of the learned Court below where the case is pending/successor Court in connection with Lalganj P.S. Case No.226/2019, subject to the following conditions :

(i) One of the bailors will be his own blood relative, preferably, father, mother, brother, sister and/or his wife. (ii) The petitioner shall not indulge himself in any similar offence till conclusion of the trial.

(iii) The petitioner 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 reasons, his bail bonds shall be liable to be cancelled by the learned court concerned. (iv) The petitioner shall co-operate with the investigation, if not already concluded and make himself available and when so required and in case of failure, the State shall be at liberty to move for cancellation of bail.

(v) The petitioner will mark his attendance in the local police station in first week of every month till conclusion of trial, failing which the prosecution will be at liberty to move cancellation of his bail bond.

(Anjani Kumar Sharan, J) Trivedi/- U T