Vijay Thakur v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.712 of 2017 Arising Out of PS.Case No. -168 Year- 2013 Thana -JOGAPATTI DistrictWESTCHAMPARAN(BETTIAH) ====================================================== Vijay Thakur, S/o Hari Shankar Thakur, Resident of Village-Piparpati, P.S.- Yogapatti, District-West Champaran.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sanjeev Kumar For the Opposite Party/s : Mr. Sri Manoj Kumar - 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 18-05-2017 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 147, 148, 149, 307 and 504 of the Indian Penal Code and Section 27 of the Arms Act.

There is allegation against the petitioner and others to have caused fire arm injury to different persons. Submission of the petitioner is that false allegation is there and the so-called injuries were at the non-vital part of the body, which would be evident from the injury report. Due to old enmity, the petitioner has been implicated in the present case. Learned A.P.P. after going through the case diary

Patna High Court Cr.Misc. No.712 of 2017 (6) dt.18-05-2017 submits that no other witness has supported the allegation nor the petitioner has been sent-up for trial. However, cognizance has been taken differing with the police report.

Considering the aforesaid facts, let the petitioner, above named, in the event of his arrest or surrender before the court below within a period of thirty days from the date of receipt of the order, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M., Bettiah, West Champaran/Successor Court in connection with Yogapatti P.S. Case No.168 of 2013, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure and subject to the further condition that petitioner shall fully cooperate with the investigation and trial of the case, failing which the Court below shall be at liberty to take steps for cancellation of the bail bonds of the petitioner in this case.

Arvind/- (Birendra Kumar, J) U T