Kanhaiya Thakur v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.50569 of 2016 Arising Out of PS. Case No. -21 Year- 2016 Thana -KHAGARIA District- KHAGARIA ====================================================== Kanhaiya Thakur, Son of Baleshwar Thakur, Resident of VillageBaluahi, Ward No.26, P.S.- Khagaria District- Khagaria. .... .... Petitioner
Versus
The State of Bihar .... .... Opposite Party ====================================================== Appearance:
For the Petitioner : Mr. Jai Kishor Poddar, Advocate For the Opposite Party : APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 13-12-2016 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner is in custody since 19.10.2016 in connection with Khagaria (Chitragupt Nagar) P.S. Case No. 21 of 2016 for the alleged offences under Sections 147, 148, 149, 160, 353, 307 of the Indian Penal Code and Section 27 of the Arms Act
3. It is submitted that the petitioner has been falsely implicated and the accusations in the FIR are general and omnibus against all the accused persons. No injury has been sustained by anyone in the alleged firing.
4. Having regard to the entirety of the facts and circumstances of the case, let the petitioner above named be released on bail on furnishing bail bond of Rs.10,000/-(ten thousand) with two sureties of like amount each to the satisfaction of learned Chief Judicial Magistrate, Khagaria in connection with Khagaria (Chitragupt Nagar) P.S. Case No. 21 of 2016 on the following conditions - (i) That one of the bailors shall be a close relative of the petitioner.
(ii) That the petitioner shall not indulge in any similar
Patna High Court Cr.Misc. No.50569 of 2016 (2) dt.13-12-2016 offence till conclusion of the trial.
(iii) That the petitioner shall remain physically present in court on each and every date during trial and in the event of failure on two consecutive dates without sufficient reason, his bail bond shall be liable to be cancelled by the learned Court concerned. (Vikash Jain, J) Chandran/BT U T