Vijay Kumar Thakur v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.50968 of 2014 Arising Out of PS.Case No. -150 Year- 2013 Thana -MOHIUDDIN NAGAR DistrictSAMASTIPUR ====================================================== Vijay Kumar Thakur Son of Late Shiv Shankar Thakur Resident of Village - Madudabad, P.S.- Mohiuddinnagar, District - Samastipur. .... .... Petitioner.

Versus

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

For the Petitioner/s : Mr. Ajay Kumar For the Opposite Party/s : Mr. M.Rub(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE V. NATH ORAL ORDER 04-03-2015 Heard the learned counsel for the petitioner. No body appears on behalf of the State to oppose the prayer for bail.

The petitioner seeks regular bail in connection with Mohiuddinnagar P.S.Case No. 150/2013 under Sections 302, 201/34 of the Indian Penal Code.

Learned counsel for the petitioner submits that coaccused Ratan Thakur has named the petitioner to be an accomplice and said Ratan Thakur is step brother of the petitioner. It has been further submitted that the petitioner has been implicated in the case out of enmity. The learned counsel has pointed out the statements of the relatives of the deceased as recorded in the case diary wherein the co-accused Ratan Thakur has been specifically named. It has been canvassed that there is no

Patna High Court Cr.Misc. No.50968 of 2014 (3) dt.04-03-2015 other material found against the petitioner during the course of investigation.

In view of the facts and circumstances of the case and after considering the submissions, let the above named petitioner 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 Smt Richa Bhargav, learned Judicial Magistrate 1st Class, Samastipur in connection with Mohiuddinnagar P.S.Case No.150/2013 subject to the following conditions:

(a) The petitioner shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such fact to the Court;

(b) The petitioner shall be well represented on each date in the court below and his failure to do so on two sequential dates shall entail cancellation of his bail bonds;

(c) The petitioner shall abide by the above conditions scrupulously and in case of violation of any of the conditions, the prosecution would be at liberty to move the Court for cancellation of bail. (V. Nath, J) Nitesh/- U T