Deepak Thakur @ Deepak Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.42221 of 2018 Arising Out of PS. Case No.-25 Year-2018 Thana- SURSAND District- Sitamarhi ====================================================== Deepak Thakur @ Deepak Kumar S/o Umesh Thakur, R/o Vill.- Babu Narha, P.S.- Bajpatti, District- Sitamarhi.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Pushpendra Kumar Singh For the Opposite Party/s :

Mr. Sri Binod Kumar 3 ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 07-09-2018 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner apprehends his arrest in connection with Sursand P.S. Case No. 25 of 2018 registered for the offence punishable under Sections 324, 307, 302/34 of the Indian Penal Code.

Allegation against petitioner is that he was one of the 7 to 8 accused, who caught hold the deceased who was inflicted knife blow by Raushan Kumar and Aditya Kumar. There is no allegation against petitioner of committing any overt act. The Informant has alleged that Munna Thakur was behind the crime, who has been granted regular bail in Criminal Miscellaneous

Patna High Court Cr.Misc. No.42221 of 2018(4) dt.07-09-2018 2/3 No. 32846 of 2018 vide order dated 16.08.2018. Petitioner has got no criminal antecedent and he has been falsely implicated in this case due to village rivalry and pending dispute between the parties.

Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail, in the event of his arrest or surrender before the court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, Pupri, Sitamarhi, in connection with Sursand P.S. Case No. 25 of 2018 subject to the condition as laid down under Section 438(2) of the Cr.P.C.

(1) Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.

(2) Petitioner shall co-operate in the trial and shall be present on each and every date fixed by the court and his absence on two consecutive dates without proper and reasonable reason will be sufficient to cancel his bail bond.

(3) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution

Patna High Court Cr.Misc. No.42221 of 2018(4) dt.07-09-2018 3/3 will be at liberty to move for cancellation of bail of the petitioner.

(S. Kumar, J) ranjan/- U