Ajay Thakur v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.69629 of 2018 Arising Out of PS. Case No.-202 Year-2018 Thana- JANDAHA District- Vaishali ====================================================== Ajay Thakur S/o Bisheshwar Thakur @ Visheshwar Thakur Resident of Village-nari Khurd, P.S.-Tisauta, District-Vaishali. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. N.K. Agrawal, Sr. Advocate Mr. Bhaskar Shankar For the Opposite Party/s :

Mr. Sri Lalan Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 17-12-2018 Heard the learned counsel for the Parties.

This application for anticipatory bail arises out of Jandaha P.S. Case No.202 of 2018, disclosing offences under Sections 302,120B,506 read with Section 34 of the Indian Penal Code and Section 27 of the Arms Act.

The deceased was elected as Pramukh. There is allegation in the First Information Report against three persons named in the First Information Report, who are said to have fired on the deceased leading to his death. There is allegation that some other persons had threatened the informant, who is brother of the deceased before election to the post of Pramukh that they would not allow the informant's brother to be elected

Patna High Court Cr.Misc. No.69629 of 2018(3) dt.17-12-2018 2/3 as Pramukh and if he is elected they would not allow him to live.

Mr. N.K. Agarwal, learned Senior counsel appearing on behalf of the petitioner submits that the suspicion expressed by the informant of involvement of this petitioner also in the commission of the offence is the only reason that the petitioner's name has cropped up. He has drawn my attention to an order of this Court dated 29.11.2018 passed in Cr. Misc. No. 64351 of 2018 and Cr. Misc. No. 66710 of 2018, whereby two others similarly circumstanced accused persons have been granted anticipatory bail.

Considering the submission as above, this application is allowed.

Let the petitioner above named in the event of his arrest/surrender within six weeks from today in the Court below, be released on bail on furnishing bail bonds of Rs. 10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of the learned ACJM-XI, Vaishali at Hajipur in Jandaha P. S. Case No. 202 of 2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

Patna High Court Cr.Misc. No.69629 of 2018(3) dt.17-12-2018 3/3 This is subject to the condition that the petitioner shall present himself before the Police/Court, as the case may be, as and when required and in the event of failure on his part to appear before the Court on two consecutive occasions, his bail bonds shall be liable to be cancelled.

(Chakradhari Sharan Singh, J) arun/- U