Shushil Thakur @ Shushil Kumar Thakur v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.50376 of 2019 Arising Out of PS. Case No.-68 Year-2006 Thana- JHANJHARPUR District- Madhubani ====================================================== Shushil Thakur @ Shushil Kumar Thakur, aged about 49 years, Gender-Male, S/O Late Veer Thakur @ Bir Thakur R/O Village- Bharam, Navtol, P.S.- Bhairavasthan, District- Madhubani.

... ... Petitioner

Versus

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

For the Petitioner :

Mr. Jitendra Kumar Giri, Advocate For the Opposite Party :

Mr. Ramchandra Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 06-11-2019 Heard learned counsel for the petitioner, learned Additional Public Prosecutor for the State and perused the case diary.

The petitioner is in custody in connection with Bhairab Asthan P.S.Case No.68 of 2006 registered for an offence under Sections 307 and 302/34 of the IPC and Section 27 of the Arms Act.

As per prosecution case, the informant alleges that this petitioner and other accused persons assaulted the wife of informant as a result of which, the deceased died during course of treatment.

It is submitted on behalf of the petitioner that informant is admittedly not the eye witness to the alleged occurrence and, moreover she has claimed to identify the assailants at night without any source of light which is quite impossible to identify any person. It is also submitted that save and except suspicion, there is nothing against the petitioner.

Patna High Court CR. MISC. No.50376 of 2019(3) dt.06-11-2019 2/2 Petitioner has clean antecedent, chargesheet has already been submitted and he is in custody since 10.03.2019. Considering the aforesaid facts and circumstances of the case, let the petitioner above named 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 Additional Chief Judicial Magistrate-Ist, Jhanjharpur, DistrictMadhubani in connection with Bhairabasthan P.S.Case No.68 of 2006 (Corresponding to G.R.No.

651 of 2006) with following conditions:- (i) Petitioner shall cooperate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the Court and his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the court below. (ii) If the petitioner tamper 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. (Prabhat Kumar Singh, J) B.Kr.