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Patna High CourtCR. MISC./24536/2018bail granted

Gulshan Thakur @ Gulshan Kumar Thakur And ORS v. The State Of Bihar

2018-06-22Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.24536 of 2018 Arising Out of PS.Case No. -695 Year- 2017 Thana -KHAGARIA District- KHAGARIA ======================================================

1. GULSHAN THAKUR @ GULSHAN KUMAR THAKUR, S/o Mantun Thakur,

2. Ravi Thakur S/o Mantun Thakur,

3. Chandra Shekhar Thakur S/o Late Doman Thakur,

4. Akashdeep Kumar @ Akashdeep,

5. Sarvodaya Kumar

6. Sonu Kumar Petitioner No. 4 to 6 S/o Umesh Thakur, All R/o Vill.- Mathurapur, Ward No.9, P.S. and District- Khagaria.

7. Sanoj Thakur S/o Ram Bilash Thakur, R/o Vill.- Manserpur, P.S.- Balia, District- Begusarai, At present Vill.- Mathurapur, P.S. and DistrictKhagaria. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ram Sumiran Rai For the Opposite Party/s : Mr. Sri Harendra Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 22-06-2018 Heard the parties.

The petitioners are apprehending their arrest in connection with Khagaria P.S.Case no.695 of 2017 , registered for offences punishable under Sections 147, 148, 149, 448, 504, 427, 323, 379 and 307 of the Indian Penal Code.

Allegation against the petitioners is of assault by lathi to the informant, his uncle and others causing injury to them. Submission of the learned counsel for the petitioners is that there is case and counter case and the petitioners' side has also

Patna High Court Cr.Misc. No.24536 of 2018 (4) dt.22-06-2018 2/2 received injuries and the injuries received on the person of the informant and others are simple in nature.

Heard learned A.P.P. also.

Having heard both sides and in view of the facts and circumstances, as stated above , let the petitioners, above named, in the event of arrest or surrender before the court below within a period of six weeks from the date of order, be released on bail on furnishing bail bond of Rs.25,000/- (Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of the learned CJM, Khagaria in connection with Khagaria P.S.Case no.695 of 2017 dated 8.10.2017, subject to condition as laid down under Section 438 (2) of the Code of Criminal Procedure. With following conditions :

(i) One of the bailors of the petitioners shall be a local person having sufficient immovable property within the jurisdiction of the concerned court.

(ii) The petitioners will not induce any witness or tamper with the evidence.

(iii) The petitioners shall co-operate in the investigation of the case and make themselves available as and when required by the Police, otherwise, the prosecution is free to move for cancellation of their bail bond. With the aforesaid observation, this application is allowed. (Vinod Kumar Sinha, J) chn/- U T