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

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.58153 of 2018 Arising Out of PS.Case No. -15 Year- 2017 Thana -CHANDAN District- BANKA ======================================================

1. Laxman Kumar Thakur @ Laxman Thakur, Son of Umesh Thakur, Resident of Village- Dahiyari (Dolhiyara), P.S.- Sono, District- Jamui. .... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Sanjay Kumar Jha For the Opposite Party/s : Mr. Sri Madhuranand Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 08-10-2018 Heard the parties.

The petitioner seeks regular bail in connection with Chandan (Anandpur) P.S.Case no.15 of 2017 registered for offences punishable under Sections 147, 148, 149, 121, 121(A), 120(B),307, 353 of the Indian Penal Code Sections 25(1-b)a, 26, 27, 35 of the Arms Act and Sections 16,17, 18, 19, 20, 21 38, 39 and 40 of the UAP Act and Section 17 of the CLA Act. Allegation against the petitioner as per FIR is that the police on informantion that Area Commander Mantu Kheira with his group has assembled , raided the place and there is indiscriminate firing on the police party and the police had no option and fired and in cross firing one criminal died, who was identified as Mantu Khaira .The petitioner is not named in the FIR and later on his name transpired during the course of investigation of the case. Submission of the learned counsel for the petitioner is that

Patna High Court Cr.Misc. No.58153 of 2018 (2) dt.08-10-2018 2/2 except confessional statement there is nothing against the petitioner and he is accused in one more case but he is on bail in that case he is in custody for six months in connection with this case.

Heard learned A.P.P. also.

Having heard both sides and in view of the facts and circumstances, as stated above, let the petitioner, above named, be enlarged on bail on furnishing bail bond of Rs.25,000/- (Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of CJM, Baka in connection with Chandan (Anandpur) P.S.Case no.15 of 2017.

With following conditions :

(i) One of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the concerned court.

(ii) The petitioner will not induce any witness or tamper with the evidence.

(iii) The petitioner shall co-operate in the disposal of trial and make himself available as and when required by the court and in the event of failure to appear before the court below on two consecutive dates without showing any genuine reasons, the prosecution is free to move for cancellation of his bail bond.

With the aforesaid observation, this application is allowed. (Vinod Kumar Sinha, J) chn/- U T