Asharfi Thakur v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.62843 of 2022 Arising Out of PS. Case No.-302 Year-2021 Thana- CHHAURADANO District- East Champaran ====================================================== Asharfi Thakur S/o Kedar Thakur R/o village- Dhapahar, P.S.- Chhauradano, District- East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Patanjali Rishi, Advocate For the Opposite Party/s :

Mr. Raj Ballabh Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 24-03-2023 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner seeks bail in a case registered for the offences punishable under Sections 147, 148, 149, 341, 323, 324, 379, 308, 504 and 506 of the Indian Penal Code. Allegation against the petitioner is that he along with co-accused persons assaulted the informant by means of farsha on the head of the informant, causing injury and bleeding. Learned counsel for the petitioner submits that the petitioner has clean antecedent and he has been falsely implicated in the present case. He further submits that the petitioner against the petitioner that he along with co-accused persons assaulted the informant by means of farsha on the head

Patna High Court CR. MISC. No.62843 of 2022(3) dt.24-03-2023 2/3 of the informant but the injury report of the informant suggests that all the injuries are simple in nature caused by hard and blunt subsance. He further submits that all the allegation as alleged in the F.I.R. is false and fabricated and the police after investigation submitted chargesheet against the petitioner and the petitioner is in custody since 30.07.2022. Learned APP for the State has opposed the prayer for bail of the petitioner.

Considering the facts and circumstances of the case, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Court below where the case is pending in connection with Chhauradano P.S. Case No. 302 of 2021, with 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 on his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the Court below.

(2) If the petitioner tampers with the evidence or the witness, in that case, the prosecution will be at liberty to move

Patna High Court CR. MISC. No.62843 of 2022(3) dt.24-03-2023 3/3 for cancellation of bail.

(3) And, further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage, it is found that the petitioner has concealed his criminal antecedents, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.

(Rajesh Kumar Verma, J) Ibrar//- U T