Bipin Thakur And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No 17966 of 2018 Arising Out of PS.Case No. -106 Year- 2017 Thana -ALOULI District- KHAGARIA ======================================================

1. Bipin Thakur,

2. Ramesh Thakur Both Sons of Wakil Thakur, Both are R/o Village- Sahar Banni, P.S.- Alauli, District- Khagaria.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr Kamal Kishore Singh, Advocate For the S t a t e : Dr Rabindra Kumar, APP ====================================================== CORAM: HONOURABLE MR JUSTICE MADHURESH PRASAD ORAL ORDER 04-05-2018 Heard learned counsel for the petitioners and the APP for the State.

Petitioners seek bail in a case initially registered under Sections 341, 323, 307, 379, 448, 504, 506/34 of Indian Penal Code but later on added with Section 302 of IPC. It is submitted by the learned counsel for the petitioners that due to existing dispute between the parties, they all have been falsely implicated in this case as the same is evident from the inquest report of the deceased Naresh Thakur which does not show any external injury on the deceased whereas allegation is that assault has been made by all the accused persons leading to death of Naresh Thakur. Petitioner No 1 has no criminal

Patna High Court Cr.Misc. No.17966 of 2018 (3) dt.04-05-2018 2/2 antecedent and petitioner No 2 is accused in Alauli Police Station Case No 303 of 2014 in which case he is already on bail. The petitioners are in custody since 09.02.2018.

Considering the aforesaid submissions, petitioners' prayer for bail is allowed. Let the petitioners above named be released on bail on each of them furnishing bonds of Rs 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Khagaria in Alauli Police Station Case No 106 of 2017 dated 10.04.2017 subject to the following conditions:

(1) That one of the bailors will be a close relative of the petitioners who will give an affidavit giving genealogy as to how he is related with the petitioners. The bailor will also undertake to inform the Court if there is any change in the address of the petitioners.

(2) That the petitioners will be well represented on each date and if they fail to do so on two consecutive dates, their bail will be liable to be cancelled.

(Madhuresh Prasad, J) M.E.H./- U T