Ganga Thakur v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.54506 of 2019 Arising Out of PS. Case No.-25 Year-2019 Thana- BHANGHA District- West Champaran ====================================================== GANGA THAKUR Son of Late Nageshwar Thakur Resident of VillageRampur Mission, P.S.-Bhangaha, West Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Surendra Kishore Thakur For the Opposite Party/s :

Mr.Dr. Ajeet Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 25-10-2019 Heard learned counsel for the parties and perused the case diary.

Petitioner is an accused in a case registered for the offence punishable under sections 302/34 the Indian Penal Code.

Learned counsel for the petitioner submits that the petitioner has falsely been implicated in this case. There is a case and counter case. Petitioner including five other co-accused have been alleged to have assaulted the victim with lathi, danda etc as a result of which he died during treatment. The allegation is general and omnibus and during investigation the specific allegation has been collected against co-accused Dhananjay Kumar. Petitioner has got no criminal antecedent. Petitioner is in custody in the instant case since 26.4.2019. Learned counsel for the informant opposes the prayer

Patna High Court CR. MISC. No.54506 of 2019(3) dt.25-10-2019 2/2 for bail.

In view of the facts and circumstances of the case, prayer for bail of the petitioner is allowed. Let the petitioner, mentioned above, be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Judicial Magistrate, Narkatiyaganj, West Champaran, Bettiah in Bhangaha Police Station Case No. 25 of 2019 on the following conditions:-

(1) Petitioner shall co-operate 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.

(2) If the petitioner tempers with the evidence or the witnesses, in that case the prosecution will be at liberty to move for cancellation of bail.

(Prabhat Kumar Singh, J) Shashi U T