Arjun Thakur And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.510 of 2019 Arising Out of PS. Case No.-94 Year-2018 Thana- HASANPUR DistrictSamastipur ======================================================
1. Arjun Thakur
2. Satto Thakur
3. Kundan Thakur @ Kundan Kumar Thakur
4. Arun Thakur, all sons of Late Vishnudeo Thakur, resident of VillageRampur RajwaWard No. 8, P.S. Hasanpur, District- Samastipur. ... ... Petitioners
Versus
The State of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioners :
Mr. Bhim Kumar Yadav, Advocate.
For the Opposite Party:
APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 08-02-2019 Heard learned counsel for the petitioners and learned APP for the State.
2. The petitioners apprehend their arrest for the offences alleged under Sections 147, 148, 149, 341, 323, 325, 307, 379, 506 of the Indian Penal Code registered in connection with Hasanpur P.S. Case No. 94 of 2018.
3. It is submitted that the petitioners have been falsely implicated and the accusation of assault with bhala on the leg of the informant by the petitioner no. 1, with iron rod behind the head of the informant by the petitioner no. 2 and of showing pistol by the petitioner nos. 3 and 4 are not corroborated as no injury report has been brought on record. There is land dispute and there is case and counter case between the parties. The petitioner no. 3 himself has received injury. The petitioners claims clean antecedents.
4. Be that as it may, having regard to the entirety of
Patna High Court Cr.Misc. No.510 of 2019(2) dt.08-02-2019 2/2 the facts and circumstances of the case, in the event of the petitioner's arrest or surrender before the court below within six weeks from the date of communication of this order, let the above named petitioner be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of learned Additional Chief Judicial MagistrateIII, Rosera in connection with Hasanpur P.S. Case No. 94 of 2018, subject to the conditions as laid down under Section 438 (2) Cr.P.C., and also subject to the following further conditions: (i) That one of the bailors of each of the petitioners shall be their close relatives other than the petitioners herein.
(ii) That the petitioners shall not indulge in any similar offence till conclusion of the trial. (iii) The petitioners shall cooperate with the investigation, if not already concluded, and make themselves available as and when so required and in case of failure, the State shall be at liberty to move for cancellation of bail. (iv) The petitioners shall remain physically present in Court on each and every date during trial and in the event of failure on two consecutive dates without sufficient reason, their bail bonds shall be liable to be cancelled by the learned Court concerned.
(Vikash Jain, J) Ibrar//- U T