Basawan Thakur v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.20428 of 2015 Arising Out of PS.Case No. -333 Year- 2013 Thana -HAJIPUR SADAR DistrictVAISHALI(HAJIPUR) ====================================================== Basawan Thakur Son of Late Vaidnath Thakur, Resident of villageChandralay, P.S.- Hajipur Sadar, District- Vaishali .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Y.C. Verma, Sr. Advocate Mr. Shashi Bhushan Kumar For the Opposite Party/s : Mr. Ajay Kr.Jha(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 22-07-2015 Heard Sri Y.C. Verma, learned senior counsel, who was assisted by Mr. Shashi Bhushan Kumar, learned counsel for the petitioner and Sri Ajay Kumar Jha, learned A.P.P. This is second attempt for grant of bail on behalf of the petitioner. The petitioner is in custody in connection with Hajipur Sadar P.S. Case No. 333 of 2013 for offence under Sections 302/34 of the Indian Penal Code.

Earlier, by order dated 29.4.2015 report was called for which has been received and kept at flag "A", which indicates that the case was not committed to the court of Sessions. However, learned counsel for the petitioner at the time of argument submits that subsequently in this case charge has already been framed

Patna High Court Cr.Misc. No.20428 of 2015 (3) dt.22-07-2015 2/2 under Sections 302/34 of the Indian Penal Code and despite that witnesses have not been produced.

Keeping in view the fact that petitioner is in custody for a considerable period and charge has already been framed, let the petitioner namely, Basawan Thakur be enlarged on bail on furnishing bail bond of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Hajipur, Vaishali in connection with Hajipur Sadar Police Station Case No. 333 of 2013 on a condition that one of the bailors should be blood relation of the petitioner and secondly during the trial on each and every date the petitioner shall remain physically present before the court below. If continuously on two dates the petitioner fails to appear without prior permission of the trial court, his bail bond shall automatically stand cancelled.

(Rakesh Kumar, J) Praful/- U