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Patna High CourtCR. MISC./962/2021allowed

Golu Thakur v. The State Of Bihar

2021-03-02Mr. Justice Anjani Kumar Sharan3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.962 of 2021 Arising Out of PS. Case No.-285 Year-2020 Thana- MUZAFFARPUR SADAR DistrictMuzaffarpur ====================================================== GOLU THAKUR, S/o RAM EKBAL THAKUR @ BUKHARI, Resident of Village - Arara, P.S. - Kanti, District - Muzaffarpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjay Kumar For the Opposite Party/s :

Mr.Vinod Shanker Modi ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 02-03-2021 Heard learned counsel for the petitioner and learned APP for the State.

Learned counsel for the petitioner undertakes to remove the defects as pointed out by the office within four weeks of normal functioning of the court, failing which the office is directed to place the matter before the Bench. The petitioner seeks bail in a case registered for the offence punishable under Sections 307, 120(B)/34 of the Indian Penal Code and Section 27 of the Arms Act.

Prosecution case in brief is that the informant alleged that on 29.05.2020, two unknown armed persons on an Apache motorcycle arrived and with intent to kill him fired four rounds at him. The informant has suspected that this incident is a fall out a Town P.S. Case No. 3132/2020 lodged by him against

Patna High Court CR. MISC. No.962 of 2021(2) dt.02-03-2021 2/3 Hemant Kumar, Mithilesh Singh and Golu Thakur and their three henchmen who might have committed murderous attack upon him.

Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. The petitioner has been made accused on the basis of suspicion. There is no specific overt act against the petitioner and there is no any injury to the informant and other family members. The petitioner is languishing in judicial custody since 30.06.2020.

Learned APP for the State opposes the prayer for bail of the petitioner.

Considering the aforesaid facts and circumstances of the case, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 25,000/- (Rupees twenty five thousand) with two sureties of the like amount each in connection with Sadar P.S. Case No. 285/2020 to the satisfaction of the learned C.J.M., Muzaffarpur; subject to the following conditions:

(1) One of the bailors will be his own blood relative, preferably, father, mother brother, sister and/or his wife.

(2) The petitioner shall not indulge himself in any

Patna High Court CR. MISC. No.962 of 2021(2) dt.02-03-2021 3/3 similar offence till conclusion of the trial.

(3) 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.

(4) The petitioner shall co-operate with the investigation, if not already concluded and make himself available as and when so required and in case of failure, the State shall be at liberty to move for cancellation of bail. (Anjani Kumar Sharan, J) amitkumar/- U T