Bharat Thakur And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.35153 of 2017 Arising Out of PS.Case No. -62 Year- 2011 Thana -DUMARIA District- GAYA ======================================================

1. Bharat Thakur S/o Krishnadeo Thakur

2. Santu Kumar rajak @ Santu Rajak S/o Late Sadhu Rajak Both Resident of Village-Bharaha, P.S.-Dumariya, District-Gaya. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr.

For the Opposite Party/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 04-08-2017 The petitioners seek regular bail in connection with Dumariya P.S.Case No.62 of 2011 registered for offences punishable under Sections 302/34 of the Indian Penal Code. The petitioner is not named in the F.I.R. and later on his name transpired during the course of investigation of the case. Submission of the learned counsel for the petitioners is that in para 17 of the case diary, name of the petitioners have transpired along with the other co-accused persons but the other accused persons having similar allegation has already been granted bail by this court, vide order dated 20.2.2015 passed in Cr. Misc. no.36457 of 2017 and the petitioners are in custody for three months.

Heard learned A.P.P. also.

Patna High Court Cr.Misc. No.35153 of 2017 (2) dt.04-08-2017 2/2 Having heard both sides and in view of the fact that the other co-accused has already been granted bail by this Court, as such let the petitioners, above named, be enlarged on bail on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M., Sherghati, Gaya in connection with Dumariya P.S.Case No.62 of 2011.

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 disposal of trial and make themselves available as and when required by the court and on the event of failure on their part to appear before the court below on two consecutive dates without showing any genuine reason, their bail bond shall be cancelled.

With the aforesaid observation, this application is allowed. (Vinod Kumar Sinha, J) chn/- U t