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Patna High CourtCR. MISC./7497/2016bail granted

Shatrughan Thakur v. The State Of Bihar

2016-03-15Mr. Justice Chakradhari Sharan Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.7497 of 2016 Arising Out of PS.Case No. -245 Year- 2015 Thana -GHORASAHAN District- EASTCHAMPARAN(MOTIHARI) ====================================================== Shatrughan Thakur, Son of Raghu Thakur, resident of village- Sunderpur, P.S.- Ghorasahan (Jharokhar), District- East Champaran, Motihari .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Anang Mohan Sinha, Advocate For the Opposite Party/s : Mr. A.L.Pandit, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 15-03-2016 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

This application for grant of anticipatory bail arises out of Ghorasahan (Jharokhar) P.S. Case No. 245 of 2015, G.R. No. 1090 of 2015, disclosing offences under Sections 147, 148, 149, 341, 323, 504, 506, 354A, 380, 307 and 448 of the Indian Penal Code.

Learned counsel for the petitioner submits that inordinate delay of eight days in institution of First Information Report casts shadow on the veracity of the allegation. He further contends that the allegation against the petitioner that he gave a blow with farsa on the informant, is falsified by the injury report, wherein the injury has been found to have been caused by hard and blunt substance. He has also submitted that similarly

Patna High Court Cr.Misc. No.7497 of 2016 (2) dt.15-03-2016 2/2 circumstanced co-accused persons have been granted anticipatory bail by this Court vide order dated 18.01.2016 and 20.01.2016 passed in Criminal Miscellaneous No. 2714 of 2016 and Criminal Miscellaneous No. 3250 of 2016.

Considering the submissions as above, this application is allowed.

Let the petitioner, above-named, in the event of his arrest or surrender before the court below within six weeks, be released on bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, East Champaran at Motihari in connection with Ghorasahan (Jharokhar) P.S. Case No. 245 of 2015, subject to the conditions as laid down under Section 438 (2) of the Code of Criminal Procedure. This is subject to the condition that the petitioner shall present himself before the police/Court, as the case may be, as and when required and in the event of failure on his part to appear before the Court on two consecutive occasions, his bail bonds shall be liable to be cancelled.

(Chakradhari Sharan Singh, J) Vats/- U T