Ashok Thakur v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No 56904 of 2023 Arising Out of PS. Case No.-21 Year-2017 Thana- NAUGACHIA District- Bhagalpur ====================================================== ASHOK THAKUR Son of Late Lakhan Thakur Resident of Village-Puraini Basa, Police Station-Alamnagar, District-Madhepura. ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr Dilip Kumar, Advocate For the Opposite Party/s :
Mr Mukesh Kumar Singh, APP ======================================================
CORAM:
HONOURABLE MR JUSTICE RAJIV ROY ORAL ORDER 30-08-2023 Heard the parties.
2 The petitioner is in judicial custody in connection with Naugachia (Nadi Thana) PS Case No 21 of 2017 dated 25.10.2017 registered for the offence punishable under Sections 147, 149, 341, 385, 427, 504, 506 of Indian Penal Code. 3 As per the prosecution story, the accused persons came to the field and demanded Rs 50,000/- from each of the field owner. Fed up with their repeated demands, the FIR lodged.
4 Learned counsel for the petitioner submits that the petitioner has been implicated one after another in 24 cases and he has not been remanded in 9 cases till date. 5 Learned APP opposes the prayer for bail. It is
Patna High Court CR. MISC. No.56904 of 2023(2) dt.30-08-2023 2/3 submitted that the petitioner bears twenty four criminal antecedents.
6 Taking into account the kind of allegation that has come against the petitioner and after hearing the parties, this Court is inclined to extend him the privilege of bail but only after framing of charges.
7 Let the petitioner above named be released on bail, after framing of charges, on his furnishing bonds of Rs 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Judicial Magistrate, 01st Class, Naugachia, District - Bhagalpur in Naugachia (Nadi Thana) PS Case No 21 of 2017 subject to the following conditions: (i) One of the bailors should be the family member of the petitioner who shall provide official document to show his bona fide;
(ii) The petitioner shall appear on each and every date before the trial Court and failure to do so for two consecutive dates without plausible reason will entail cancellation of his bail bonds by the trial Court itself;
(iii) The petitioner shall appear before the concerned police station every fortnight for next six months to mark his attendance;
(iv) The petitioner shall in no way try to induce or promise or threat the witnesses or tamper with the evidences,
Patna High Court CR. MISC. No.56904 of 2023(2) dt.30-08-2023 3/3 failing which the State shall be at liberty to take steps for cancellation of his bail bonds; (v) The petitioner shall desist from committing any criminal offence again, failing which the State shall be at liberty to take steps for cancellation of his bail bonds. 8 With the aforesaid observations, this application is allowed.
(Rajiv Roy, J) M.E.H./- U T