Bikku Thakur v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.58467 of 2022 Arising Out of PS. Case No.-235 Year-2021 Thana- JAMUI District- Jamui ====================================================== BIKKU THAKUR SON OF RAJU THAKUR R/O VILLAGEMAHISOURI, P.S.- JAMUI, DISTRICT- JAMUI ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Niranjan Parihar, Adv.

For the Opposite Party/s :

Mr. Rajendra Nath Jha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 10-02-2023 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seeks bail in a case registered for the offence under Sections 147, 148, 149, 341, 323, 379, 307 and 506 of the Indian Penal Code.

The petitioner along with others are said to have inflicted iron rod blow over the head of son of the informant causing head injury and allegedly snatched his wrist watch, mobile along with cash of Rs. 20,000/- Learned counsel appearing for the petitioner submits that the petitioner, who is of clean antecedent, is innocent and has falsely been implicated in this case. He further submits that it appears from the F.I.R. itself that the

Patna High Court CR. MISC. No.58467 of 2022(2) dt.10-02-2023 2/3 F.I.R. is categorized in two parts. In first part several persons including the petitioner are stated to have surrounded the son of the informant and threatened to kill him and it is the co-accused, Ganti who gave iron rod blow over his head causing injury, thereupon in subsequent version, in another part, the petitioner along with others are stated to have assaulted the informant's son which itself appears to be omnibus as no specific accusation of assault or any overt act is attributed to this petitioner. He further submits that the police after investigation has submitted charge-sheet in this case against the petitioner. The petitioner is rotting in judicial custody since 04.08.2022.

Learned A.P.P. for the State has opposed the prayer for bail of the petitioner.

Considering the facts and circumstances of the case, 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 learned Court below where the case is pending in connection with Jamui P.S. Case No. 235 of 2021 with the following conditions:-

(1) Petitioner shall co-operate in the trial and shall

Patna High Court CR. MISC. No.58467 of 2022(2) dt.10-02-2023 3/3 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/her absence on two consecutive dates without sufficient reason, his/her bail bond shall be canceled by the Court below.

(2) If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

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 antecedent, 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) brajesh/- U T