Yashvir Thakur @ Yashveer Thakur v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.62331 of 2022 Arising Out of PS. Case No.-87 Year-2022 Thana- KHARHAGPUR District- Munger ====================================================== YASHVIR THAKUR @ YASHVEER THAKUR S/o Vinay Thakur @ Vinay Kumar Thakur @ Jhingal Thakur R/v- Majhgaidih, P.S.- Kharagpur (Shampur O.P.), District- Munger ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ravish Mishra, Adv.

For the Opposite Party/s :

Mr. Mohammad Sufyan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 03-04-2023 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

Petitioner seeks bail in a case registered for the offences punishable under Sections 447, 341, 323, 504, 506, 379, 307 and 34 of the Indian Penal Code.

According to prosecution case, there is allegation against the petitioner that he gave iron rod blow on the head of cousin brother of the informant causing injury on his head. Learned counsel for the petitioner submits that the petitioner has clean antecedent and he has falsely been implicated in the present case. He further submits that the present case is counter blast of Kharagpur P.S. Case No. 85/2022 filed by the father of the petitioner against the family

Patna High Court CR. MISC. No.62331 of 2022(4) dt.03-04-2023 2/3 members of the informant and the informant. He further submits that as per allegation in the F.I.R. that the petitioner gave iron rod blow on the head of the cousin brother of the informant namely, Arun Yadav. He further submits that although the injury report of injured person suggests that the injury is grievous in nature but the petitioner's side also received the inflicting injury and the police after investigation submitted the charge sheet against the petitioner. The petitioner is in custody since 29.08.2022.

The learned Additional Public Prosecutor for the State has vehemently opposed the prayer for bail of the petitioner. Considering the aforesaid facts and circumstances, let the petitioner, above named, 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 the learned Court below where the case is pending in connection with Kharagpur P.S. Case No. 87/2022, subject to the following conditions:-

1. Petitioner shall co-operate in the trial and shall 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 absence on two consecutive dates without sufficient reason, his bail bond

Patna High Court CR. MISC. No.62331 of 2022(4) dt.03-04-2023 3/3 shall be cancelled 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.

3. 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) amit/- U T