Birendra Thakur v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.28925 of 2017 Arising Out of PS.Case No. -59 Year- 2017 Thana -SAKRA District- MUZAFFARPUR ======================================================

1. Birendra Thakur, son of Dayanath Thakur, resident of villageRajapakar, P.S.- Sakra (Bariyarpur O.P.), District- Muzaffarpur. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Mahendra Thakur, Advocate For the Opposite Party/s : Mr. Ram Sevak Choudhary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 2/ 30-06-2017 Heard learned counsel for the Petitioner and the State.

The Petitioner apprehends his arrest in Sakra P.S. Case No.59 of 2017 instituted for the offence under Section(s) 307/34 Indian Penal Code and Section 27 of the Arms Act. It has been submitted on behalf of the petitioner that there is specific allegation against co-accused, Santosh Thakur @ Sonu, for causing fire arm injuries to the son of the informant, namely, Alok Thakur.

From the written report, it appears that there is no specific allegation of any overt act against this petitioner. In the facts and circumstances of the case, prayer of the petitioner for grant of anticipatory bail is allowed. In the event of surrender/arrest of the petitioner, named above, within six

Patna High Court Cr.Misc. No.28925 of 2017 (2) dt.30-06-2017 2/2 weeks from today in connection with Sakra P.S. Case No.59 of 2017, he shall be released on anticipatory bail on furnishing bail bond of `10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the ACJM-cum-Sub Judge-13, Muzaffarpur, subject to the conditions as laid down under Section 438(2) Cr. P. C. with further conditions (1) bailors should be local having sufficient immovable property within the jurisdiction of the court concerned, (2) petitioner shall cooperate in the trial and shall be present on each and every date fixed by the court and absence on two consecutive dates without proper and reasonable reason will automatically cancel bail bond of the petitioner and

(3) if 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.

(Sanjay Priya, J) JA/- U T