Abhishesh Kumar Thakur v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.24913 of 2017 Arising Out of PS.Case No. -256 Year- 2017 Thana -SAHARSA District- SAHARSA ====================================================== Rakhwala Thakur @ Parimohan, Son of Bhagwan Thakur, Resident of Village- Muradpur, Police Station- Nauhatta, District- Saharsa. .... .... Petitioner

Versus

The State of Bihar.

.... .... Opposite Party ====================================================== with Criminal Miscellaneous No.27007 of 2017 Arising Out of PS.Case No. -256 Year- 2017 Thana -SAHARSA District- SAHARSA ====================================================== Abhishesh Kumar Thakur, Son of Jyotindra Thakur, resident of VillageMuradpur, P.S.- Nauhatta, District- Saharsa. .... .... Petitioner

Versus

The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

(In Cr.Misc. No.24913 of 2017) For the Petitioner/s : Mr. Satya Prakash For the Opposite Party/s : Mr. Zainul Abedin (In Cr.Misc. No.27007 of 2017) For the Petitioner/s : Mr. Pramod Mishra For the Opposite Party/s : Smt. Anita Kumari Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 05-07-2017 Both the applications arise out of same P.S.case number and, as such, they have been heard together and are being disposed of this common order.

Heard learned counsel for the petitioners.

These applications have been filed for bail in connection with Saharsa Sadar P.S.Case No. 256 of 2017

Patna High Court Cr.Misc. No.24913 of 2017 (3) dt.05-07-2017 2/3 registered for the offences punishable under Section 394 of the Indian Penal Code.

Petitioners are not named in FIR and later on their names transpire during course of investigation. It has been submitted on behalf of the petitioners that petitioners have been implicated in this case on the basis of suspicion and they have not been identified in CCTV footage. It has further been submitted that petitioner Rakhwala Thakur has been made accused in other cases also and petitioner Abhishesh Thakur has no criminal antecedent and both the petitioners are in custody for three months.

Heard learned APP also, who could not controvert the above submission.

Having heard both sides and considering the aforesaid facts and circumstances, let both the petitioners, named above, be released on bail on furnishing bail bonds of Rs.25,000/- (Rupees twenty five thousand) each with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Saharsa in connection with Saharsa Sadar P.S.Case No. 256 of 2017, subject to the conditions that :- (i) One of the bailors of the petitioners shall be a local person having sufficient immovable properties within

Patna High Court Cr.Misc. No.24913 of 2017 (3) dt.05-07-2017 3/3 the jurisdiction of the concerned Court.

(ii) The petitioners will not induce any witness or tamper with the evidence.

(iii) The petitioners shall cooperate 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, the prosecution is free to move for cancellation of their bail.

(iv) If their active involvement is found in such type of cases in future, their bail bond shall be cancelled. (Vinod Kumar Sinha, J) spal/- U